THE OPENING OF The Great seal OF ENGLAND.  
Containing certain Brief historical and legal Observations, touching the original, Antiquity, progress, use, Necessity of the Great Seal of the Kings and Kingdoms of England, in respect of Charters, Patents, Writs, Commissions, and other process.  
Together with the Kings, Kingdoms, Parliaments several Interests in, and Power over the same, and over the Lord chancellor, and the Lords and Keepers of it, both in regard of its New-making, Custody, Administration for the better Execution of public Justice, the republic necessary Safety, andVtility.  
Occasioned by the overrash Censures of such who inveigh against the Parliament, for Ordering a new Great seal to be Engraven, to supply the wilful absence, defects, abuses of the Old, unduly withdrawn and detained from them.  
By WILLIAM PRYNNE, utter-barrister of Lincoln's inn.  Esther 8. 
Write ye also for the Jews, as liketh you, in the King's name, AND SEAL IT WITH THE King's RING: for the Writing which is written in the Rings name, AND SEALED WITH THE King's RING, may no man reverse.  
It is this fifteenth day of September, Anno Dom. 1643. Ordered by the Committee of the House of Commons, concerning Printing, that this Treatise, entitled, The Opening of the Great seal of England, be forthwith Printed by Michael spark Senior. JOHN WHITE.  
LONDON. Printed for MICHAEL SPARK Senior. 1643.   

TO THE READER.  
COurteous Reader, having copiously answered, refuted all Royalilists, Malignants, Papists, clamorous Objections and Primitive Exceptions, against the Proceedings of this present Parliament, in FOUR several Treatises, lately published, concerning The sovereign Power of Parliaments and Kingdoms; which have given good satisfaction to many, and silenced the pens, the Tongues of most Anti-Parliamenteers, who have been so ingenuous as seriously to peruse them: I yet find a New grand Objection lately started up, and much insisted on among these Opposites, by reason of the Commons late Order for making a New Great Seal (now almost finished) to supply the wilful absence, defects, abuses of the old, to the extraordinary prejudice, damage, danger, of the Houses, Kingdom, and delay of public Justice; which, though sufficiently answered in the general by sundry passages and Histories scattered in the former Treatises; yet because not so particularly or fully debated, as the consequence of this extraordinary weighty Act, and the querulousness of the clamorous Opposites require; I have therefore (upon the motion of some friends) to stop up this New-Breach and Clamour, speedily collected and published by Authority, these ensuing historical and legal Observations, concerning the original, antiquity, progress, Use, Necessity of the Great Seal of the Kings and kingdom of England; with reference to Sealing of Charters, Patents, Writs, Commissions, other process; and given thee a summary account of the Kings, Kingdoms, Parliaments, several Interests in, and Power over the Great Seal, (and the Lords Keepers of it too) both in respect of its New-making, Custody, Administration, for the better execution of public justice, the republic necessary safety and utility, clearing all contrary Objections of moment; which I here submit to thy charitable Censure and Acceptation; imploring thy Pardon and Direction, in case I have casually erred, out of Ignorance or human Frailty, in tracing this Untrodden dangerous narrow Path, wherein I find no Footsteps, or only very obscure ones, to direct my course.  
Farewell.   

THE OPENING OF The Great seal OF ENGLAND.  
NOt to enter into any impetinent tedious Discourse of the antiquity or use of seals in general, which were very anciently used both by the Nations and Kings of the Jews, Persians, Medes, Babylonians, and others, (as is manifest by 
a Gen. 38 18. 25 Exod 28. 21 c 3●. 6. Deut 31 43. Job 14. 17. c 33. 16 c. 37 7 c. 38. 14 c 41. 15. 1 King 21. 8. Neh 9 38 c. 12. 1. Est c. 3 12. c 8 8. 〈◊〉. Ier. 22 10, 11, 14, 24. Cant. 8. 6. Isa 8. 16. Dan 6 17. c. 12. 4 9 ●. 9 24 Ezek 28. Mat. 27 66 John 3. 33. Rom 4. 1. 1 Cor 9 2 Tim 2. 19 Revel. 5, 1, 5 9 c. 6 1, 3. 12. c 7. 1, 3 c. 8 1. c 9 4. c. 10. 4 c. 20. 3. c 22. 10 Polyd Virgi. 〈…〉. 8 c 2.  sundry Texts of Scripture, to omit profane Stories;) it is a question much debated among Antiquaries, Historians, Lawyers, How ancient the use of Seales hath been among the Kings of England, & in what age, upon what occasion, by what degrees they grew to be absolutely requisite for the ratification of Charters, Patents, Writs, Commissions, and other Processes?  
The first original, antiquity of Seals among our Kings, is very uncertain; for it is apparent, past all contradiction, 
b See Ingulp. Hist. p. 901. Terms of the Law. Tile Fai●s, ●. 94 Cook's Institutes on Littleton, ● 7. a.  that our ancientest Kings Charters, Patents had no Seals at all annexed to them, being ratified only with the sign of the cross, (ofttimes in golden Characters) the subscription of our King's names, with the names of divers Bishops, Abbots, Nobles, Clerks, and others, under them, as Witnesses; who all made the sign of the cross, before or after their subscriptions; as is most evident by sundry ancient Charters of our English Saxon Kings, yet extant in old Leger Books of Abbeys, in Sir Robert Cotton's Library, and by the printed Copies, of them in the Histories of Ingulphus, M●lmesbury, Hoveden, Matthew Paris, Matth. Westminster, Holinshed, Mr. Fox, Mr Camden's Britannia, M. Selden's Titles of Honour, History of tithes, Notes to Eadmerus, Sir Henry Spelman's Councils and Glossary; Sir Edward Cook's Preface to his 4 and 6 Reports, his Institutions on Littleton, and Magna Charta, Joannis Pitseus, Relatio. Histor. de rebus Angl. Cl. Reynerus Apostolatus Benedictinorum in Anglia; M. Lambard his Perambulation of Kent and Archaion, Bishop Usher's Britannicarum Ecclesiarum Antiquitates, with others; which Charters, though without a seal, have 
c See 3 H. 7. 25 26. Cook's Preface to the 4. Report. Terms of the Law. Ti●le Faits.  ever been reputed as valid, firm in point of Law from time to time, and so admitted by our Judges, Kings, Parliaments, as any punier Charters sealed with our King's Great Seals. To give you some few instances of the ancientest Charters of our Kings before the Conquest, which I find not sealed, but thus subscribed. King 
d Spelman. Concil. Tom 1. p. 118, 119. to 126.  Aethelbert, Anno 605. made two Charters, the first to the Church of Saint Pancras, the other to the Monastery of Peter and Paul to be erected at Canterbury; which are thus confirmed with the sign of the cross, not sealed;  
✚ Ego Aethelredus Rex Anglorum, hanc donationem meam Signo sanctae Crucis propria manu confirmavi.  
After which follow divers other witnesses, who confirm it with the same sign. There is extant a Bull of Augustine, the first Bishop of Canterbury, of an exemption granted by him to this Monastery, with a Leaden seal annexed to it, the form whereof you may view in 
e Spel. Gloss. Tit Bull. p 108. Pol. Virg. De Iuven. Rerum, l 8. c. 1.  Sir Henry Spelman, who suspects both these Charters, with Augustine's Bull and seal, (the sealing of bulls being not so ancient, and Leaden bulls being first brought in by Pope Adrian, about the year of our Lord, 774. as Polydor and others observe) to be mere Counterfeits, upon good grounds. There is another Charter of the same King, of Lands given to the same Monastery, dated, Ar. 610. subscribed as the former. The next ancient Charter I find, is, that of 
f Spelman. Council Tom. 1. p 189 to 194.  withered King of Kent, dated, An. Dom. 695. who the same year confirmed the great council of Beca 〈◊〉 with the sign of the cross, & such subscriptions as are aforesaid. To these I shall add the (suspected) Charter of 
g Spelm. Ib. p. 207, 208, 209, 210.  King Kenred and Offa. Anno 709. with the Charters of Egwin Bishop of Worcester, Anno 709. The Charter of 
h Ingulph. Hist. ● 851. 852 Spelm Concit. p. 256, 257.  King Eth Ibald, An, 718. made to Saint Guthlar, and the Abbey of Croyland, with his general Charter of privileges granted to all Churches and Monasteries, dated, Anno 749. The Charter of 
i Spelm. Ib p. 227, to 231  King Ina granted to the Abbey of Glasterbury, (supposed to be spurious) Anno 725. Of 
k Ingulph. Hist. p. 853, 854.  King Offa to the Abbey of Croyland, Anno 793. The 
l Spel. Concil. p 324. 324.  Decree of Adardus Archbishop of Canterbury, and the council of Clovesho. An. 803. The Charter of 
m Ingulp. Hist p 854, 855.  King Kenulphus to the Abbey of Croyland, Anno 8●6. The 
n Spel. Concil. p. 335 338, 339  Decrees of the Synod of Clevesh●, under King Beornwulfe, Anno 824. and of the Council of London under King Egbert, Anno 833. The Charter of 
o Ingulph. Hist. p 855 to 857 868. to 862.  Witlasius King of M●rcia, to the Abbey or Croyland, Anno 833. The Charter of King Bertulphus to the same Abbey, An. 851. with the 
p Spel. Concil. p 346, 347.  Canons of the council of Kingesbury, confirmed and subscribed by this King, and others the same year, with the sign of the cross. The Charters of 
q Ingulp. Hist. p. 862. Matth. Westn. An 854, 834. Spell Co●c. p 350, to 354. M●lm shurtensis. De est Reg. Angl l. 1 c. 2. p 41.  Aeth Iwulphus to the Abbey of Croyland, Anno 855. and to all Churches and Monasteries, which he offered up to God upon the Altar of Saint Peter to Winchester, where the Bshop received it, and sent it to all Churches to be published. The Charter of 
r Ingulp. Hist. p. 8●3 864.  B●orredus King of, Merciae, to the Abbey of Croyland. Anno 860. of 
* Cook's Ep. to the 6 Report.  Queen Aethelsw●th to Cuthwulfe, An. 868. of king 
s Ma●mesh. de Gestis Regum, l. 2. c. 7. p. 53, 54  Edmund to the Abbey of Glastenbury, An. 944. of 
t Ingulph. hist. p. 874. to 877. Spelman Concil. p. 428.  king ●●dred to the Abbey of Croyland, An. 948. the charters of 
u Ingulph. hist. p. 880. to 886.  king Edgar to the Abbey of Croyland, An. 966. 970. 974. to the 
x Malms. de Gestis Regum, l. 2. c. 8. p. 56, 57 Spelman Concil. p. 485. 486. 488. 489. 432. to 435 I. Seldeni ad Eadmerum notae p. 1, 9, 160 Cook's Preface to the 4 Report.  Abbey of Glastenbury, An. 965. 971. and to the Abbey of Malmesbury. An. 974. his charter of Oswelds laws, An. 964. his charter to his new Monestery of Winchester, An. 966. and another charter, Ar. 964. the charter of 
y Cook's Preface to the sixth Report.  King Aeth●lred, An. 995. to Vlfric. with 
z Spelman Concil. p. 504. to 510.  his charter of privileges granted to the Church of Canterbury, An. 1006. the 
a Spelman p. 533.  charter of king Knute, or Canutus, to the Church of our Saviour at Canterbury, An. 1018. and to the Abbey 
b Ingulph. hist. p. 893, 913, 914.  of Croyland, An. 1032. of Thorold to the Abbey of Croyland, An. 1051. and of King Edward the Confessor to the same Abbey about the year 1050. All these ancient Charters of our Kings before the Conquest had no seals at all annexed to them, but were only ratified with the sign of the cross subscribed by the Kings themselves, and these who made them, together with their names, and with the names and crosses of the witnesses. And it is observable, that all or most of these ancient charters of our kings, which granted any lands or privileges to Abbeys or Churches, were made in full counsels and Parliaments, with the unanimous consent and approbation of the Bishops, Prelates, Abbots, Dukes, Earls, Lords, and great men therein present, who commonly subscribed them; the reason was, because none of our ancient kings (as I have proved) had any power to grant or alien the lands of the Crown (which they enjoyed only in the kingdoms right, and for its use) to any, without the consent of their Nobles, and people in full Parliament: and in most of these Charters, Abbeys and Church-lands were exempted from all taxes, tallages, and temporal services whatsoever, except the repairing of high ways, bridges, and castles, for the common good: and 
c Remonstrance against shipmoney pt  thereby were anciently exempted from Danegeld, as I have elsewhere manifested.  
Which of our kings first used a seal, is not certainly determined: Sir Edward Cook in his Institutes on Littleton, fol. 7. a. records, that the charter of King Offa, whereby he granted peter-pences, doth yet remain under his seal; Now this charter, as 
d Concil. tom. 1 p. 308, 310, 311, 312.  Sir Henry Spelman, and our 
e Huntindon, Antiquitates Ecclesiae Brit. ●o● Polychronicon, Holins●. Grafton, Speed, and others.  Historians generally in his life, record, was dated in the year of our Lord 793. or 794. and is the first charter scaled (if true) by any of our kings. There is another 
f Cooks Instit. on Lit. f. 7. a  Charter of King Edwin, of certain land called Jecklea in the Is●le of Ely, bearing date Anno 956. sealed with his own seal, and with the seal of Elfwin Bishop of Winchester. I read in Francis thin his Catalogue of chancellors, and in Sir Henry Spelman his Glossary, fol. 126. 132. that our Saxon kings Aethelstan, Edmund, Edred, Edgar, and Aethelred, had their several Chancellors; but whether they had any seals or not, is uncertain: if they had any, it is certain (writes 
g Glossar. p 127 See terms of the Law, title Fairs.  Sir Henry Spelman) that they scarce used them at all, or very rarely, most of their charters having no seals at all, but only crosses, or subscriptions of these King's names, and witnesses. The very 
h Speeds hist. p. 415. terms of the law, f. 94.  first of all our Kings who used a large br●ad seal, was Edward the confessor, who, being brought up in Normandy, introduced that, with some other of the Normans Guises with him, and had three Chancellors: under this 
i Spelman Gl●ssar p. 126.  seal he granted a Charter of sundry liberties and privileges to the Church of Saint Peter's in Westminster, Anno Dom. 1066. which was sealed by his Chancellor Reynbaldus, as is evident by this his subscription to that deed; Ego Reynbaldus Regis CANCELLARIVS relegi & SIGILLAVI. This is the first Charter, for aught appears, that ever was sealed with a royal broa● seal, or by a Chancellor. But that all this good King's charters, or any of his writs, or commissions were thus sealed by this great scale, or that the Chancellor then had the custody of the seal (which the Chancellors in the reign of Charles the great, and Ludovicus Pius, had not in France, as Sir Henry Spelman proves in his Glossary, p. 127. out of Capit. l. 2. c. 24. and Eg●lismensis in vita Caroli, p 15. and the passage of Ingulphus concerning the office of the Chancellor in his time, cited in Spelman, seems to disprove) is a non liquet unto me. The exact form of this King's great seal you may behold in 
* Hist. of Eng. p 409.  John Speed, together with the various effigies of all our succeeding Kings broad seals, prefixed by him before their several lives.  
Two things there are, which in this enquiry after the original use of our Kings great seals, seem somewhat dubious unto me. First, when, how, and by what law or means it came to pass, that our King's Charters and Patents ought of necessity to be sealed with the great seal, contrary to the primitive usage in former ages, or else to be reputed invalid, and mere nullities in law? Secondly, when, and by what law or grounds, and in what Kings reign, Writs, Commissions, and other process of law, began to be issued out under the great seal, or else to be disallowed as illegal? it being evident unto me, that Charters, and Patents were usually sealed by some of our Kings, before any of their writs, commissions, or legal process issued under their seals.  
These two doubts, I confess, are beyond my skill exactly to assoil; yet this I conjecture as most consonant to truth; That 
k terms of the Law, Tit. Faits, f 94. Speed hist. p. 415.  Edward the Confessor being trained up in Normandy, and addicted to the customs of the French, which he introduced with him, did first of all bring in the sealing of deeds; which I gather from the words of 
l Hist. p. 895.  Ingulphus Abbot of Croyland, who flourished in his reign, and writes thus of him: Coepitergo tota terra sub Rege, & sub aliis Normannis introductis, Anglicos ritus dimittere, & Francorum mores in multis imitare: Gallicum idioma omnes Magnates in suis Curits tanquam magnum Gentilitium loqui; CHART AS ET CHIROGRAPHA SVA MORE francorum CONFICERE, & propriam consuetudinem IN HIS, & in alias erubescere. Now the French Kings long before his days, used to seal their charters with golden Bulls, as 
m In Apparatu a Stemmata Lintharogie.  Franciscus Rosierius, and Sir 
n Glossar. tit. ●ulla aurea, p. 106, 107.  Henry Spelman testify; there being divers charters of King Dagobert, Sigebert, and Pipin yet extant under golden Bulls, as they record: and Charles the Great, descended of Pipin, was the first Emperor of the Romans which sealed charters with a golden Bull, as 
o De Invent. Rerum, l. 8. c. 2. ●ce Ioan. Zonarae, An Tom. 3. f. 147. c.  Polydor Virgil attests, 
p Host. ●●len. Eccl. l 3. c. 17.  Flodoardus also recording, that Charles the Bald An. Dom. 867. sealed with a Bull of his name, Bull a sui nominis sigillavit. In imitation of whom 
q Speeds hist. p 415. Terms of the law, f 94  Edward the Confessor, as it is probable, caused a great seal to be made (which none of his Predecessors used) and there with sealed two of his three Charters of privileges and Donations granted to the Abbey of Westminster (to which he was a special benefactor) the copies of which you may read in 
r council Tom. 1. p. 630. to 637.  Sir Henry Spelman: witness this close of his second charter; Chartamistam conscribi, ET SIGILLARI jussi, & ipsam manu mea signo sanctae crucis impressi, & idoneos te●●es annotari praecepi ad corraborandam: After which his own subscription with the sign of the cross follows, and the subscriptions and crosses of sundry Bishops and Abbots: after them, Ego Raynbaldus Cancellarius ✚; then follow the subscriptions of Dukes, and other the King's Officers, with this conclusion, Acta apud Westmonaster. quinto kal. Ianuarii, die sanctorum Innocentium, Anno Dominicae Incarnationis 1066. Indictione tertia. Anno Regni serenissimi Edwardi Regis 25. Swyergarius Notarius ad vicem Reynbaldi Regiae dignitatis Cancellarii, hanc Chartam scripsi & subscripsi, in Deinomine foeliciter, Amen. With this close of his third Charter dated the same year and day; Vt ergo hac auctoritas nostris & futuris temporibus, circaipsum sanctum locum perenniter firma & inviolata permaneat, per omnia tempora illaesa custodiatur atque conservetur, & ab omnibus Optimatibus nostris, & judicibus publicis & privatis, melius ac certius credatur, Manus nostrae subscriptione subter eam decennius roborare, & idoneos testes annotare, ATQVE SIGILLO NOSTRO jussimus SIGILLARI. ●.  
Ego Edwardus Deigratia Anglorum Rex, hoc privilegium jussi componere, & compositum, cum signo Dominicae crucis confirmando impressi. ✚: then follow the subscriptions of divers Bishops and Abbots with crosses: next to them, Ego Reynbaldus Regis CANCELLARIVS relegi ET SIGILLAVI. ✚: next ensue the subscriptions of some Dukes, Officers, and Knights, with crosses: next the date of the place, day, year of Christ, and the King's reign; with Ego Alfgeatus Notarius, ad vicem Reynbaldi Regiae dignitatis Cancellarius, hoc privilegium scripsi & subscripsi, In Dei nomine foeliciter. Amen.  
From which Charters and Subscriptions we may observe,  
First, That this King Edward, though he added his great Seal to his Charters, yet he retained the ancient form of confirming them with the sign of the cross, and the subscription of his own name, and the names of witnesses; which continued long after, till Edward the first his reign, if not longer, though since discontinued.  
Secondly, That the Chancellor in his days, though he subscribed his name after Prelates and Bishops, yet he did it before Dukes, Earls, and all other temporal Lords; therefore he was then, no doubt, the chiefest temporal Officer, and hath so continued ever since. What the dignity and office of the Chancellor was in this King's reign and before, appears by Ingulphus his history of Turketulus 
s Thin●Catalog. of chancellors in Holinshed vol. 3. col. 1160. &c. Spelman Gloss. p. 132.  Chancellor both to King Aethelstan, Edmund, and Edred successively, and the second Chancellor we read of in our realm) who was then primum, praecipwm ET A SECRETIS familiarissimum. This 
t Ingulph hist. p 872. to 892. Spelman. Gloss. p. 126.  Turketulus (writes he) descended of the blood royal, being Nephew to King Edward the elder, who for his merits would have matched him to divers rich noblemens' daughters, but he refused them, leading a single life: After which he would have promoted him to a bishopric for his learning and holiness, proffering him first the bishopric of Winchester, and afterwards the archbishopric of Canterbury very often, and to prefer him before all his other Clerks; but he rejected those dignities with various excuses, and utterly abhorred them all his life, tanquam tendiculas Sathanae ad subvertendas animas, As the snares of Satan to subvert souls: Such were Lord y bishoprics esteemed, even in that blind age: which may be further ratified by this monkish story, related out of the Promptuary of the Disciple, and Arnoldus in 
u Fol. 227. printed by Winkin de Word at London, An. 1521.  the Flower of the commandments of God; That a Monk of Clervaulx was chosen to be Bishop, the which refused it, against the will of his Abbot and of the Bishop, and soon after died: Who appearing after his death to his familiar, he demanded of him, if the disobeysance before said had noyed him? he answered, that nay, and afterward said, If I had taken the bishopric, I had been damned; and said moreover an horrible word, The state of the Church is come  
unto this, that she is not digne to be governed But of ill Bishops, &c. But to return to our story. Tarketulas refusing the glory of this terrene dignity and transitory honour of a bishopric; the King at last made him his chancellor: ut quaecunque negotia temporalia vel spiritualia Regis judicium expectabant illius consilio & decreto (tam sanctae fidei & tam profundi ingenii tenobatur) omnia tracturantur, & tractata irrefrag●bilem sententiam sortirentur Consilio ergo illius, multa bona opera &c. off●cis: After which he adds, he was a man of greatest power and authority with these three Kings, both for his incomparable wisdom and valour, he had sixty Manners of his own (six whereof he gave to God and the Abbey of Croyland where he became Abbot, and the residue to the King) and vast treasures of jewels and money, yet in all this greatness his Title of chancellor was his highest dignity, as Ingulphus manifests: Therefore it was then, no doubt, the most eminent office.  
Thirdly, that in those times 
x See Spelmanni Glossar. tit. Cancellarius p. 125. to 127.  it was one chief part of the chancellor's office, by himself or his Notaries and substitutes, to dictate and write all the King's Charters, Patents, Writs, and to subscribe them as a witness: whence Turketulus when he was Chancellor, writ or dictated most of the King's charters made to the Abbey of Croyland: Rex Edredus dedit Monasterium Croyland per Chartam suam, dictatam ab eodem Turketulo, writes Ingulphus, p. 874.  
Fourthly, That the Chancellor in his reign, sealed the King's charters with his seal; yet 
y Spelmanni Gloss. p. 127, 128  whether he only did it, or had the sole custody of the sole, is uncertain.  
But though King Edward the Confessor 
z Speeds hist. p. 415.  first brought in the great seal; yet the custom of sealing charters, patents therewith, with other men's sealing Deeds, grow not common, universal, or necessary, 
a See Rastal's terms of the Law, tit. Faits.  till the latter end of the conquerors reign; as 
b History p. 901.  Ingulphus in these direct terms avers, from his own experimental knowledge: Et non tantum hunc morem (of making Knights) sed alias etiam consuetudines (William the conqueror and his Normans, of whom he writes) immutabant; nam chirographtrum consectionem Anglicanam, quae antea usque ab Edwardi Regis tempora, fidelium praesentium subscriptionibus cum Crucibus Aureis, aliisque saerts signaculis firma fuerunt, Normanni condemnantes, chirographa chartas vocabant; Et chartarum armitatem cum cere impressione per untuscujusque speciale sigillum, sub instillatione trium vel quatuor testium astantium (whereas ancient charters had twenty or more witnesses) conficere constituebant. Conferebantur etiam prime multa praedia nudo verbo, absque scripto, velcharta, tantium cum Domini gladio, vel galea, vel cornu, velcratera; & plurima tenementa cum calcari, cum striguli, cum arcu, & non nulla cum sagitta. Sed haec initio Regni sui; posterioribus annis immutatus est isle modus. Tantum tunc Anglicanos abominanti sunt, &c. So that by this Historians express testimony (a man of great eminency in that age, being Abbot of Croyland, and much frequenting the Court, yea taking more pains to search out and preserve ancient Charters than any in that age) William the conqueror and his Normans (who 
c Malmesbury Matthew Paris, Ladmerus, Huntindon, Hoveden Polycron, Holinshed, Speed, Daniel, and others in his life.  endeavoured to reduce the English to the customs laws, and ceremonies of Normandy, especially in all matters of government, law, and justice, his charters being of far other tenor, form, and brevity, than those before or since in use) were the first who introduced, by insensible degrees, the French custom of sealing charters and deeds with seals; and this King, with his Officers (as all our Historians complain) being extraordinary covetous and oppressive, using sundry new d●●●seses to fill their own purses, by exhausting the peoples; it is very likely (as Ingulphus words import, and 
d Speeds hist. p. 440, 450.  others insinuate) that he and his Chancellors (of which I find 
e In Thinns Catalogue, and Spelman Gloss. p. 132.  nine in his reign) to make a benefit and project of his great seal, did in his latter days ordain, that all charters, patents should be thenceforth sealed with his royal seal, or else be reputed invalid in law. Three charters of his I find recorded in our writers: The first, made to the Abbey of Croyland at the suit of 
f History p. 912.  Ingulphus who registers it, subscribed by some witnesses, without mention of any seal of his thereto annexed. The second, to the Abbey of Battle, sealed with his great seal, and subscribed by four or five Bishops, which Patent & seal to you may view in 
g Page 165, 166. see the form of his seal in Speeds Hist. p. 435.  Mr. Selden's Notes on Eadmerus. The third, to the City of London, granted at the suit of William their Bishop, written in the Saxon tongue, confirmed with green wax, whereas the Saxons before used only to sign with gilt crosses; the copy whereof you may read in Lambert's parambulation of Kent, Holinshed, and 
h History p. 450, 451.  Speed. As for that charter of his, recorded by John Stom, and Speed in his life, out of the Book of Richmond: 
I William King, the third year of my reign,  
Give to thee Norman Hunter, to me that are both lief and dear,  
The Hop and the 
* I doubt Hoplands, hops and hop-yards were not then in use  Hopton, and all the bounds up and down,  
Under the earth to Hell, above the earth to Heaven,  
From me and mine, to thee and to thine,  
As good and as fair, as ever they mine were:  
To witness that this is sooth, I bite the white wax with my tooth,  
Before jug, Maud, and Margery, and my youngest son Henry,  
For a Bow and a broad Arrow, when I come to hunt upon Yarrow.   
I deem it either a forgery, or a charter granted only in merriment; which Rast all in his terms of the law, f. 80. attributes rather to King Edward the third, then to the conqueror; concluding, that s●aling was not commonly used till the reign of Edward the third: which if true perchance of deeds between private persons, yet not of royal charters. King William Rufus, Henry the first, Stephen, and Henry the second, had all their several great seals (the portraitures whereof you may behold in John spreads History before every of their lives) and their several Chancellors too, whose names you may read i● 
i Holinshed vol. 3. col. 1260 to 1280.  〈◊〉 Francis Thinns Catalogue, and 
k Glossarium, p. 132, 133.  Spelman; which Chancellors, as is most likely, kept their seals, sealing both Patents and charters with them.  
I read, that 
l Matth. Paris p. 53, 54. Eadmerus l. 3. p. 55. Malmes. de Gest. Reg. L●. Hoveden, Holinshed, Matth. West. ●abian, Polychron. Caxton, Grafton Stow, Damel in 1 Hen. 1. Speed p. 407.  King Henry the first, in the first year of his reign, granted a Charter of Liberties to his Subjects (according to his promise and Oath, before and at his Coronation) much like to Magna Charta, subscribed with Witnesses: ET SIGILLI SVI TESTIMONIO Roboratum, as Eadmerus, and others write: To this Charter he set both his hand AND seal, commanding as many copies as there were Counties in England to be transcribed, and kept in the Monasteries of every Province: he was made a King by right of Election, not of Succession, his brother Robert being right heir. In this King's reign, I find one Writ to Anselm Archbishop of Canterbury (who used 
m Delatae literae repos●● in tuo sigillo, ●adme. l. 4. p. 86.  a seal wherewith he sealed his letters written to this King) with 
n Fa●merus ibid. & p. 101.  Teste Walricho CANCELLARIO apud Merlebergam. And another 
* Eadmer. Nov. l. 4. p. 101.  Writ directed to him, to respite the consecration of Thomas Archbishop of York till Easter, SIGILLO REGIS inclus AS; the first Writ I, to my remembrance, find sealed with any King's seal, though Patents were commonly sealed before this time. 
o Malms. Novel. l. 1. p. 170. Huntind. Matt. Paris, Hoveden, Mat. West. Speed Holmsh. Daniel▪ in his life, An. 1.  King Stephen, coming to the crown by the Nobles Election, not by right of inheritance, as next heir, vowed to confirm their Liberties by his Charter and seal; which he did at Oxford in the first year of his reign: this Charter you may read in the marginal Authors, being like to Magna Charta in substance. That King Henry the second used to seal his Charters and Patents, I find apparent testimonies in our Historians. For his Oath of Purgation which he made concerning the death of Thomas Becket (Registered at large by 
p Annal. pars post. p. 529, 530. see Matt. Paris p. 120, 121, 122, 124, 125.  Roger de Hoveden) was put into writing in form of a Charter, and then sealed with his seal, and the seals of the Cardinals, as this author attests. Et ut haec in memoria Romanae Ecclesiae haberentur, Rex Pater FECIT APPONI sigillum swm SCRIPTO ILLI, in quo superdicta capitula continebantur, una cum SIGILLIS praedictorum Cardinalium (Theodine and Albert.) Atque ut in memoria Romane Ecclesiae sirmiter habeatur, sigillum vestrum PRAECIPISTIS APPONI. 
q Hoveden Annal pars posterior p. 560. to 566. Mat. Par: p. 127. see Holinsh. and Speed in his life  Anno Dom. 1177. Sancho King of Navarre, and Alphonso King of Castille being at variance, about breaches of Articles in a former truce, referred their differences to the determination of King Henry the second: who calling his Nobles and Parliament together, made these King's ambassadors to put their differences in writing, and then to swear to stand to his, and his counsels arbiterment: which done, he made a Charter of his award, subscribed with the names of many Bishops, Nobles, Clerks, & Laymen, as you may read at large in Hoveden, which Charter questionless was sealed with his seal, though it be not expressed. 
r Hoveden An. pars post. p. 570. 571. Mat. Paris p. 128. see Holinsh. Grafton, Speed, Daniel, Fabian.  The same year, on the 7 day of October K. Lewis of France, and king Hen. 2. made a final concord and league for mutual offence and defence, which was put into writing, sworn to, subscribed by many witnesses of note and SEALED; witness the words of Hoveden (who records it at large.) Et ut hoc statut● firmiter teneatur, & ratum permaneat, scripto commendari, ET SIGILLI SVI auctoritate CONFIRMARI FECIT. And the same year Audebert Earl of March selling his Earldom to King Henry, made a Charter thereof, registered in 
s Annal. pars post. p. 572.  Hoveden, which concludes thus: Ne autem haec mea venditi● solemniter celebrata aliqua posset in posterum malignitate divelli, EAM SIGILLO MEO munivi: after which many Bishops, and other witnesses subscribed it. In this King's reign it is apparent, that the great seal remained in the custody of the chancellor; for I read 
t Matth. Paris hist p. 94. Antiquitates Eccles. ●rit. p. 122. Godwins Catalogue of Bps in the life of Becket, thins' catalogue. of chancellors, Holinshed in Hen. 2.  that this king making his chancellor Thomas Becket, Archbishop of Canterbury, he thereupon, An. Dom. 1162. (contrary to the kings good liking and expectation, who was then in Normandy) sent messengers over with the Seal, Cancellariae renuntians, ET sigillum RESIGNANS, renouncing the Chancellorship, and resigning up the Seal unto him; Because he could not attend the Court and Church at once; so as the Chancellor then kept the seal of England with him here, when the King was absent in Normandy, for the better execution of public justice. This will yet more plainly appear by the ensuing passage of 
u Annal. pars post. p. 748.  Hoveden, and Writ of King Richard the first;  

Richardus Dei Gratia Rex Angliae, &c. Willielmo de Sancta Mariae Ecclesia, & Nugont Baro●lpho, salutem, sciatis quod didicimus, quod in morte Patris nostri sine praecepto suo, & conscientiae, habuerunt literas DE SIGILLO SVO Gaufrdtus de Mu camp de habendo Archidiaconatu de Cliveland, & Willielmus de Stigandebi, & Magister Erardus de praebendis habendis in Ecclesia Eboracensi, quae tum vacabat, & erat in mann nostra: Et ideo praecipimus, quod praefatos ab Archidiaconatu & Praebendit dictis sine mora dissaisietis, repetentes ab eis quicquid ex inde perceperunt, postquam illos redditus ita fraudulenter & per surreptionem sunt adepti. Teste m●ipso tertio die Novembris apud Mamerz. Proh pudor!  
Turpe est doctori cum culpa redargu●t ipsum.  
Idem enim 
* Geoffry.  Archiepiscopus dum adhuc esset CANCELLARIUS REGIS Patris sui, sigillum illud IN custodia HABVIT, per quod praefatus Archidiaconatus, & praebendae illae datae fuerant praenominatis personis.   
By which passage and writ it is apparent: First, That the chancellor in Henry the seconds reign, had the custody of the great seal. Secondly, That presentations to Churches, Archdeaconries, and Prebendaries, were then granted under the Great seal. Thirdly, That chancellors did sometimes fraudulently grant and seal Patents without the King's privity; and that these Patents, when discovered, were reputed fraudulent and void. Fourthly, That writs at Common Law were usual in Henry the second his reign; which appears most plentifully and irrefagably by Ranulphus de Glanvilla, chief Insticiar under this King, his, Tractatus de Legibus & consuetudinibus Regni Angliae, tempore Regis Henrici secundi compositus: wherein most original Writs of the Common Law, and the Proceedings upon them, yet in use, are collected and registered for the benefit of posterity. In this King's time, I conceive, our Writs of Law were reduced by this Ralph Glanvill and his fellow justices, into a set form, and began to issue forth under the King's seal, to avoid forgery; but whether under the Great seal, or special seal of every Court (as Sir Edward Cook in his Institutes on Magna Charta, pag. 554, 555, 556. conjectures) I cannot certainly define. In his reign I first find, that the connterfeiting of the King's Charter was reputed Treason; as glanu●ll expressly declares it, lib. 1. cap. 2. & lib. 14. cap. 7. Illud tamen notandum, quod si quis convictus fuerit de Charta falsa, distinguendum est, utrum fuerit CHARTA REGIS, an privata, Quod si CHARTA REGIA, tunc is qui super hoc convincitur, condemnandus est, TANQVAM DE CRIMINE LESAE MAIESTATIS. Si vero fuerit charta privata, tunc cum convicto mitius agendum est. Now that which he terms counterfeiting the King's Charter, 
y Lib. 2. Tit. de Crimine lesae Majest.  Bracton, 
z Lib. 1. c. 8. f. 16. Stanfords Pleas lib. 1. c. 1.  Britton, and the Statute of 25. E. 3. of Treasons, stile, counterfeiting the Great seal, or Privy seal of the King: and therefore this of Glanvill relates principally to the counterseting of the Kings seal annexed to his Charter. I find in 
a Annal. pars poster. p. 551, 552, 553.  Roger Hoveden, a Charter of William, King of Sicily, which he made to Joan daughter of King Henry, touching her Dower, dated Anno Domini 1177. Mense Februarii Indicti▪ decima, subscribed with the names of divers witnesses, Subjects to King William, and among others, Ego Mattheus, Domini Regis Vice-cancellarius: Which Charter concludes thus: Ad hujus antem donationis & concessionis nostra memoriam, & inviolabile firmamentum; privilegium praesens per man●● Alexandri, notarij nostri scribi, ET bulla aurea NOSTRO TYPARIO IMPRESSA, Roboratum NOSTRO SIGILLO, jussimus decorari. In quo familiares nostri, & aliae personae pr●ecepto nostro se scripserunt hoc modo; the form of which Kings great seal you may behold engraven in Hoveden. p. 553.  
In fine, this Henry the second, being 
b Mat. Pari● hist. Angl. p. 157. Hoveden p. 358. Fabian par. 7. p. 353, 354. Polychron. l. 7. c. 24. Speed p. 522.  chosen King of Jerusalem (which kingdom was wholly elective) and earnestly importuned by Heraclius Patriarch of that City, the Christians there, and by Pope Lucius his Letters, to accept that Honour; An. 1185. 
c Mat. Paris p. 47. 64, 69.  He thereupon summoned a Parliament as London on the 10. of April; wherein he charged all his Subjects with many adjurations, to advise and resolve him, what was best to be done in this case for the salvation of his sense; and that he was resolved by all means, to follow their advice herein; Whereupon the Parliament conferring on the premises, resolved; that it was much more wholesome for the King's soul, 
Hoveden Annal. pars poster. with others.  that he sholud govern his own kingdom with due moderation, and defend it from the eruptions of the Barbarous French, then to provide for the safety of those in the East in proper person. Which I only note in the by (having omitted it in its due place:) First, to manifest what high esteem our Kings have had of the resolutions and advise of their Parliaments, to which they wholly submitted their own judgements, acquiescing in their resolves. Secondly, to evidence the Soveveraigne power of Parliaments over our Kings then, who might not desert the realm, not take any new honour or dominion upon them, without their previous consents and advice: Thirdly, to show the duty of Kings to their Subjects and kingdoms.  
King Richard the first succeeding his Father Henry the second, rather by Election, than Succession, (and 
d Speed hist. p. 530.  not styled a King, by our ancient Writers, before his Coronation) was the first of all our Kings (as Our 
e Speed hist. p. 541. Daniels hist. p. 125. Cook Instit. on Littleton's. 7. a.  Writers accord) who sealed with a seal of arms, all our former King's seals, being but the Picture of the King sitting in a Throne, on the one side of the seal, and on horseback on the other side in divers forms, with various inscriptions of their Names and styles; which you may view in Speed; But this King bare two Lions Rampant combatant in a shield, in his first, and three Lions passant in his latter seal; borne ever after by our Kings, as the royal arms of England. His first 
f See Hoved●n, Mat. Paris, Nubrigen. Mat. Westm. Holinsh. Speed, Grafton.  chancellor, was William Longchamp Bishop of Ely, Legate to the Pope, whom he made his viceroy and justiciar of England, when he went to the Holy Land against the Saracens, committing the kingdom to his Government, chiefly; who infinitely oppressed and tyrannised over it, as all our Historians evidence: 
g Hist. Angl. p. 155, 156.  Matthew Paris give, this Character of him, Erat idem CANCELI Arius maximus inter omnes occidentales, REX ET SACERDOS in Anglia, qui omnia pro nihilo ducebat, cum Episcopali tantum dignitate non contentus nimis alta se sperare denotavit. In prima namque Literarum suarum front, vanitatem & elationem expressit, cum dixit. Willielmus DEI GRATIA commonly used before, in, and since that age by and to Bishops, Popes, Abbots, in public Writs, as well as Kings, as the 
h Eadmerus, hist. p. 12. 36. 201. Hoveden, Annal. p. 459, 498, 504, 505, 509, 512, 513, 523, 524, 530, 538, 575, 643, 611, 670, 677, 707, 712, 718, 721, 741, 763, 766, 782.  marginal Authors manifest) Eliensis Episcopus DOMINI REGIS CANCELLARIUS, totius Angliae Justitiarius, & Apostolicae sedis Legatus, &c. Has autem dignitates, quos pretio obtinuerat, immoderato excessu exercuit, volens locellos, quas in earum impetratione evacuerat, reficere, &c. This chancellor (as is probable) had the custody of one part of the seal in this King's absence, for the better administration of justice, though the King carried the other part of the great seal with him into the wars, pretended to be there lost, as you shall presently hear. I find divers of this King's Charters, Letters, Writs, before and after his voyage to the Holy-land, recited in 
i Annal. pars. post p. 658 662 667▪ 676, 698, 700, 726, 730, 732, 734. 743. 748.  Hoveden. These Charters, which questionless were sealed with his seal, were subscribed by sundry witnesses; the Writs and Charters concluding with a Teste meipso apud Chinonem, &c. The Charter of the Manor of Sadburgh to Hugh Bishop of Durham, 
Matth. Paris p. 106. Spelmanni Concil. p. 142, 395. Mr. Selden's Titles of Honour, p. 123. to 128. Register pars. 1: f. 286, 392. to 328: pars 2. 2. f. 3. p. 22 3. 30, 33, 35, 38, 44, 54, 55, 60, 62, part. 35. 22. 26. 29. 31. 35. 42. 47. Fitz. Nat. Bre. f. 132.  is thus dated. Datum anno primo regni nostri 18 die Septembris apud Eatingat, per manum Willielmi de longo campo, CANCELLARII NOSTRI. During this King Richard's imprisonment in Germany, Henry the Emperor sent Letters to the Nobles of England for this King, by William Longchamp his chancellor, AUREA BULLA IMBULLATAS in hac forma, sealed with a golden Bull in this form. And soon after, this 
k Hoveden Annal. p: 726, 7●9 730.  Chancellor, William Briwere, and others, concluding a peace between this King and Philip King of France, authorized thereto by the King's Letters Patents; these Commissioners not only swore to, but sealed the Articles of this truce, as this close of it manifests. Quae omnia praedicta, ut rata permaneant & inconcussa, ego Willielmus de Rupibus, & ego Joannes de Pratellis, & ego Willielmus Briwere, per praeceptum Regis Angliae Domini nostri, SIGILLORUM NOSTRORUM ATTESTATIONE ROBORAVIMUS. Actum Meduneae Anno ab incarnatione Domini 1193. octav● Idus Julii. And the very next year the 
l Hoveden. Annal. pars. post. P. 741, 742 743.  Letters and instrument of the truce made between these two Kings by Drogo and Anselm, and sworn by them in the French King's behalf, have this conclusion. Et nos ut omnia praedicta firma sint, & stabilita, universa praedicta SIGILLIS NOSTRIS ROBORAVIMUS. Actum inter Vernelium & Thilers, Anno incarnati verbi 1194. 23 die Iulii.  
King Richard being released this very year (which was the sixt of his reign) out of prison, and new crowned, among other oppressve projects to raise moneys to maintain his wars (which made him an extraordinary oppressiour of his people) 
m Hoveden Annal. pars. po●t p. 746. 785. Speeds Hist. p. 541. Daniel 〈◊〉 See Holinshed, Grafton, and others.  caused a NEW broad seal TO BE MADE; (the portraiture whereof you may view in Speed) pretending that the old was lost, when Roger his vicechancellor was drowned before Cyprus, and that his CHANCELLOR during his imprisonment, had abused THIS seal, whereupon he took it from him: requiring and commanding, that all persons as well Clergy men as Lay men, who had Charters or confirmations UNDER HIS OLD seal, should bring them in to be renewed UNDER HIS NEW seal; and unless they did so, that nothing which had been passed BY HIS OLD seal, should be ratified, or held good in Law. By which device he drew a great mass of Money to his Treasury; subscribing his new-Sealed Charters thus: This was the tenor of our Charter under our first seal, which because it was lost, and at the time of our being captive in Almaigne, in the power of another, WE CAUSED TO BE CHANGED, &c. Which 
n Annal. pars. post▪ p. 746, 785.  Hoveden thus relates, Et imputans Cancellario suo, hoc per ipsum fuisse factum, ABSTULIT AB EO SIGILLUM SUUM & facit sib! NOVUM SIGILLUM FIERI; tum quia CANCELLARIUS ille operatus fuerat inde minus discrete, quàm esset necesse, tum quia SIGILLUM ILLUD perditum erat, quando Rogerus malus catul●o, VICE-CANCELLARIUS SUUS submersus erat in maeri ante insulam de Cypro: & praecepit Rex: quod OMNES, tam clerici quam laici, qui Chartas habebant, venirent AD NOVUM SIGILLUM SUUM ad Chartas suas renovandas: & nisi fecerint; NIHIL quod actum fuerat PER SIGILLUM SUUM VETUS, RATUM HABERETUR. Praterea Rex statuit, torniamenta fieri in Anglia, & Chartasua confirmavit, &c. (making them also a money matter.)  
By which passages it is apparent: First, that all these King's Patents, Charters, were sealed with his great seal. Secondly, that the abuse, loss or absence of the great seal, is a sufficient cause to make a new one. Thirdly, that the profit made by the great seal, and project of raising moneys by new Charters sealed with it, was the true original cause all sealing of Charters and writs with his seal, and making it simply necessary in Law; there being no public resolution or declaration declaring Charters or Writs not sealed with the great seal, to be void in Law, (for aught I find) before this project; unless that forementioned, touching the Conqueror, pass for a Law, and judgement in this particular. Fourthly, that the chancellor in this King's reign had the custody of the Great seal; the indiscreet use and abuse whereof, was good ground in Law to deprive him of its custody.  
What the Office and dignity of the chancellor really was in that age, appears by this description of it, written in or near that time. 
o Spelmani Glossarium, p. 128.  Cancellarii dignitas est, ut SECUNDUS A REGE in Regno habeatur; ut ALTERA PARTE SIGILLI REGII (QUOD ET AD EIUS PERTINET CUSTODIAM) PROPRIA SIGNET MANDATA. Vt capella Regia in illius fit dispositione & cura. Vt vacantes Archiepiscopatus, Episcopatus, Abbatias & Baronias cadentes in manum Regis ipse suscipiat & conservet. Vt omnibus Regiis assit consilis, etiam non vocatus accedat. Vt omnia SIGILLIFERI CLERICI REGII sua manu signentur, Item, ut (suffragantibus ex Dei gratia vitae meritis) non moriatur nisi Archiepiscopus, vel Episcepus si voluerit. And by the black book of the Exchequer attributed to Gervasius Talburiensis. par. 1. c. 5. Cancellarius sicut in Curia, sic ad Scaccarium MAGNUS est: adeo ut sine ejus consensu vel consilio, nihil magnum fiat, vel fieri debeat. Verùm hoc habet officium dum residet ad Scaccarium. ADIPSUM PERTINET CUSTODIA SIGILLI REGII, quod est in Thesauro; sed inde non recedit nisi cum praecepto 
* Id est Capitali● Justici●● Angliae.  Justiciae; ab inferiori ad superius Scaccarium, à Thesaurario vel Camerario defertur, ad explenda solum negotia scaccarii. Quibus peractis in loculum mittitur; & loculus à Cancellario consignatur, & sic Thesaurario traditur custodiendus, &c. The custody therefore of the great seal was then reputed an unseparable part of the chancellor's Office and honour.  
King John succeeding his brother Richard, by the Nobles and people's election, rather than by descent, as 
p Hist. Angl. p. 189. 190.  Matthew Paris, with others observe; had both a great seal and 
q See Spelman and Then.  Chancellors who kept it, with which he sealed divers Charters. Among others one Letters Parents SIGILLO NOSRO MUNITAS to the Archbishop of Canterbury, monks, and other Prelates persecuted by him, 
r Matth. Paris Hist. Angl. p. 225, 227, 237, 246, to 254, Matthew 〈◊〉 Holnished, Speed and others.  restoring them to their liberties and possessions, which was dated the 13. day of May in the 14. year of his reign. Another dated. 〈◊〉 15. of the same month at the house of the Templars near Dover (Chartam SIGILLO NOSTRO MUNITAM) of his most detestable resignation of the kingdom and crown of England to the Pope, delivered to Pandulph the Pope's Legate (to whom he did homage for England and Ireland after this surrender) which Charter first sealed with Wax, and after delivered to Pandulph, was the same year, afterwards, in the cathedral Church of Saint Paul, before the high Altar, in the presence of the clergy and people, AURO BULLATA EST, sealed with gold, and delivered to Nicholas Bishop of Tusculan, the Pope's Legate, to the use of the Pope and Church of Rome, to whom he then did homage, to his eternal infamy; which so much discontented his Nobles, Prelates and people, that they took up arms against him, and enforced him in an Assembly and Treaty at Running-mead, to grant them the great Charter of their Liberties, and Charter of the Forest, ratified with his seal, Oath, Witnesses, Subscriptions, the Bishop's Excommunications, and Pope's Bull; and then sent his Letters Patents to all the Counties of England, commanding the Sheriffs to swear all the men within their Bailywicks, to observe the said laws and Liberties, thus granted and ratified, in the 17. year of his reign. In brief, the Charter of the truce between King John and King Philip of France, registered in 
s Annal. p. 814, 815.  Hoveden was sealed with his seal, concluding thus. Qua ut perpetuum robur obtineant, prae sentem Chartam authoritate SIGILLI NOSTRI corrobora●●●, Anno 1200. mense Maii.  
In this King's reign the chancellor's place (through the benefit of the seal) became so gainful; 
t In dor●● Rotfinium huj●● Anni; & Spelmanni Glossarium, p. 131, 132. Th●●s' Catalogue of Chancellors.  that Walter de Gray (afterward Archbishop of York) proffered the King 5000 marks, pro habenda CANCELLARIA (which was then no Court, but the Office of making and sealing royal Writs and Charters) Domini Regis tota vita sua, & pro habenda inde Charta Dom. Regis; which great place he then obtained, or rather, purchased by his money, not merits.  
King Henry the third, coming to the Crown (by the Lords and Commons 
u Fox Acts & Monuments edit. ult. vol. 1. p. 1334. Speed, p. 591.  election, rather than by descent) when he was but nine years and some odd months old, in the ninth year of his reign, ratified 
x Matth. Paris Hist. p. 311. Speed p. 599. See Polychronicon, Fabian, Holinshed, Magna Charta itself.  Magna Charta, and the Charter of the Forest in Parliament, under His hand and seal, with Witnesses thereunto subscribed; and commanding as many Charters to be engrossed as there were Counties in England, ET REGIO SIGILLO MUNITIS, and ratified WITH THE royal seal, he sent one of the great Charters into every Shire, and one Charter of the Forest into every County where there were Forests, to be there reserved. But this unconstant King coming to age, within two years after, 
y Matth. Paris p. 324, 325. Daniel, p. 151. 152. Holinshed, Speed, Grafton.  in a Parliament at Oxford (a fatal place for ill advice to our Kings) through ill council, to the great discontent of his Nobles and Commons, annulled the Charter of the Forest, declaring it void, as granted in his nonage, when he had no power of himself, NOR OF HIS seal, and so of no validity; and causing Proclamation to be made, that hath the clergy and all others, if they would enjoy those Liberties should renew their Charters AND HAVE THEM CONFIRMED UNDER HIS NEW seal (which he had then caused to be made, only by way of project to raise moneys, as Richard the first had done;) For which they were constrained to pay, not according to their ability, but the will of the chief justice, Hugh de Burgh, to whom was laid the charge of this mischief: which procured him the general hate of the kingdom; and begat a new insurrection of the Lords and Commons, who taking up arms hereupon, enforced the King to call a Parliament, and therein to new ratify those Charters at his full age. In this King's reign all Patents, if not Writs and Commissions too, usually issued under the Great or Lesser seal, of which there are divers precedents extant in Matthew Paris, and in the clause and Patent rolls of this King, to which I shall refer you. And such notice was then taken of the dignity and necessity of the King's seal to Charters and Writs, that Henry de Bracton, a famous Lawyer in those days, writes expressly, That it was no less than Treason to counterfeit the King's Scale. 
z Bracton. l. 2. De 〈◊〉 lesae Majestatis, see Stamford's Pleas f. 2.  Est & aliud genus criminis lesae Majestatis, quod inter graviora numeratur, quia ultimum inducit supplicium & mortis occasionem; scil. crimen falsi, quod in quadam sui specie, tangit coronam Domini Regis. Vt si quis accusatus fucrit vel convictus FALSIFICATIONIS SIGILLI DOMINI REGIS, CONSIGNANDO INDE CHARTAS VEL BREVIA (Writs than were sealed with the King's seal as well as Patents) & apponendo signa adulterina; quo casu, si inveniatur inde culpabilis vel seisitus, si Warrantum non habuerit, pro voluntate Regis judicium sustinebit. How the Lord Chancellors were elected, and the Great seal disposed of by Parliament in this King's reign, I have 
a See the second part of the sovereign power of Parliaments p. 48. to 93.  elsewhere related, and shall touch again anon.  
King Edward the first coming to the crown, and proclaimed King during his absence in the holy Land, his 
b Matth West. & Daniel. in 1. Ed. 1.  Lords and States without his privity, made both a new great seal and Chancellor to keep it; 
(c) Confirmatio 〈◊〉. 25 E. 1. & cook's Institutes on it Walsingham hist. Ang. p. 35. to 48.  with which in the 25 year of his reign he confirmed the great Charter, and Charter of the forest, in Parliament. And in another Parliament, in the 28 year of his reign, it was enacted: That the great Charter of the liberties of England▪ and Charter of the forest shall be delivered to every sheriff of England UNDER THE King's GREAT seal, 
(d) Articuli super Chartas ch. 2. See cooks Institutes on these Acts.  to be read four several times in the year before the people, in the full County. And for these two Charters to be firmly observed in every point and Article (wherein no remedy was before at the Common law) there shall be CHOSEN in every Shire Court, BY THE 
* The people than had power to elect these their Judges and Justices even by Act of Parliament.  commonalty OF THE SAID SHIRE, three substantial Knights, or other lawful, wise, and well disposed persons to be Justices; which shall be assigned BY THE King's LETTERS PATENTS UNDER THE GREAT seal, to hear and determine (without any other Writ but only their Commission) such plaints as shall be made against all those as commit or offend against any point contained in the foresaid Articles, in the Shires where they be assigned, as well within Franchises as without, &c. Also, 
e Chap. 2.  That all the King's Takers, Purveyors, or rators, FROM HENCEFORTH shall have their warrant with them UNDER THE King's GREAT OR petty seal, declaring their authority and the things whereof they have power to make price or purveyance, the which Warrants they shall show to them whose goods they take, before that they take any thing. And Chap. 6 There shall NO WRIT FROM henceforth that toucheth the Common law, go forth UNDER ANY OF THE petty seals.  
These are the first Statute laws extant, prescribing, that the King's Charters, Patents. Commissions, Warrants, Writs, should issue forth under the Great or petty seals though they did so usually before his reign, rather through custom, which crept in by little and little by degrees, from Edward the confessors days, unto this very Parliament, as the premises evidence, till it got the reputation of a received common Law and usage, and at last was thus established, as simply necessary, by these present Acts; which se●led the law in point of necessity of sealing all Writs, Charters, Patents, with the Great seal, and added such Majesty to the seal itself, that Britton, an eminent Judge and Lawyer flourishing in this King's reign, (writing his book, as in this King's name) resolves expressly, c. 3. f. 10. &c. 8. f. 16. that the 
* See 3 Ed. 1. cap. 15.  counterfeiting of the King's seal IS HIGH TREASON; and that the Justices ought to inquire concerning the falsifiers of THE seal: Not only whether any have actually connterfeited it? but also, whether any have hanged ANY SEAL by an Engyn to any Charters without licence; or having stolen or taken away ANY seal, or otherwise finding it, HAVE SEALED WRITS without other authority. And Chap. 48. Exceptions aur brief. f. 122. He writes, It is a good exception to abato a Writ s●ule Brete ne fuit unques enseale de nostre seal; ou si le Ordinance et le Seal de nostre chancery us s●it point contenu. And Andrew horn, another great Lawyer, living in, or near this time; in his My●rour of Justices, cap. 3. sect. 6. p. 191. Among Exceptions to the power of the judge, enumerates this for one: IF THE COMMISSION BE NOT SEALED WITH THE King's GREAT seal OF THE CHANCERY: Car all Privy seal le Roy, ou all Sealed' l' exchequer, ou Autre seal, forsque Solement all Seals que est assign dée conud' le Cominalty del peopls, & nosmement en jurisdiction, & Bres Originals, ne estoit a nul obeyer des letes & usages ●el Royalme, saint non solement pur le Roy. Du elle puira ée vicious Pur le Seale counterfoit, ou anterment fausse: This falsifying of the King's seal to Writs, cap. 1 sect. 6. De Fansonners, pag. 28, 29. he makes a crime next to high Treason; which forging, he saith, may be indivers manners: As where a Writ is SEALED whereof the gross and matter, or the form is not avowable by the King, nor by the Law, nor by the rights and customs of the realm. If a man seal after that the Chancellor, or other Keeper knoweth that he hath lost his Warrant, by death, or any other manner. When a Writ or Letter passeth the Seal against the King's defence. When men seal with counterfeit seals, or seal by ill art, or Warrants not avowable; and so it is falsehood in those who seal and have no authority. And Chap. 4. Sect. 2. p. 233. Thus 
* To wit, in 1 Edw. 1. or when the great Seal was first introduced in Edward the Confessors days.  OUR ANCIENTS ORDAINED A seal, AND A chancellor FOR TO keep IT, and to give remeliable WRITS to all persons without delay. Then describing what manner of Writs must issue, he concludes thus, And now may Justices, Sheriffs, and their Clarks withdraw, race, amend, and impair them, without discerning or pain, for the Writs that are made close, to the abuse of right. Wherefore THE seal only is the jurisdiction assignable to all Plaintiffs without difficulty. And to do this, the chancellor is chargeable by Oath in allegiance of the charge of the King, that he shall 
* Magna Chart. cap. 29.  neither deny, nor delay to render right or a Writ remediable to any one.  
Thus have I given you a brief historical and legal Narration of the original, Growth, progress, use, and Necessity of the Great seal of England, and of the manner of making, subscribing, and sealing Charters, Patents, Writs, with other Instruments in our realm, from King Aethelberts first Charter, Anno 605. till the end of King Edward the first his reign, when seals and 
* See 9 Edw. 1. the correction of the twelfth Chap. of the Statute of Gloucester: 20 Edw. 1. De Non ponen●o in Assissts. 34 Ed. 1. cap. 6.  sealing grew more common, and our ordinary Law-books (which recite few or none of the premises) begin to make mention of seals and sealing; of whose autiquity, kinds, and present use in point of Law, if any desire further satisfaction, let them consult with Polydor Virgil, De inventoribus Rerum, lib. 8. cap. 2. Henrici Spelmani Glossarium title, Bulla, Rastal's Exposition of the terms of the Law, title: Faits, Sir Edward corks Institutes on Magna Charta, pag. 554, 555, 556. his 11 Report. f. 92. and Ashes Tables, title: Seales; it being not my intention to trouble the Reader here with trivial common things concerning seals or sealing, but only with such Antiquities and rarities as are not commonly known, nor mentioned in our Law Books.  

The Kings and Parliaments several and joint Interests in, and power over the new-making, keeping, ordering of the GREAT seal of ENGLAND.  
HAving thus traced out the original, progress, use, and necessity of the GREAT seal, through the obscure paths of abstruse Antiquity, with as much Verity, Perspicuity, Brevity as possible; I shall in the next place summarily examine, What several or joint interests the King, kingdom and Parliament have in; what power or jurisdiction over the Great seal of England, both in respect of the new-making, keeping, or using thereof?  
For the better assoyling of which grand Question, now in public agitation, I shall premise these three Propositions and Distinctions, which will much conduce to the clearing and resolution of this doubt.  
First, that our Kings Great and Petty Seals when originally invented, and whiles the use of them was only private, or merely arbitrary, not simply necessary in point of Law, in the administration of Justice, or transactions of the public affairs of the realm, were proper and peculiar to themselves alone, and in their own disposing power only, as every private man's seal now is, they using them only as private, not as public persons, in their natural, not politic capacities: But after that these Seals, by use and custom, became simply necessary for the public execution of Justice and affairs of the realm, and our Kings made use of them in their politic capacities, as Heads or supreme governors of the body of the realm, and public Ministers thereof; the whole Kingdom and Parliament by this occasion, and upon this reason, came to gain a public interest in and jurisdiction over these Seals as well as our Kings: (even as in all other inferior Corrations, the Commonalty as well as the Majors, in Cities and Boroughs; the Chapters, as well as the Bishops or Deans; the Covents, as well as the Abbots or Priors; the Wardens, Assistants and whole company, as well as the Masters; the fellows of colleges, as well as the precedents, have a public interest in, and power over their several Corporation-Seals, made only for their common good and affairs;) as I shall manifest in the sequel. And in this respect, the great seal came to be commonly called, 
* Our ancientest s●atuteses call it indefinitely The great seal; as 2 Ed 3. Stat. 3. c. 8. with others.  THE GREAT seal OF ENGLAND; in our Acts, as in 14. and 15. Hen, 8. c. 4. 34 and 35 Hen, 8. c. 26. 1 Ed. 6. c. 44. 3 and 4 Ed. 6 c. 12. 2 and 3 Phil. and Mar. cap. 20. 1 Eliz. cap. 1. 5 Eliz. cap. 1. 8 Eliz. cap. 1. 13 Eliz cap. 6, 7, 9 18 Eliz. cap. 2. 23 Eliz. cap. 14. 39 Eliz. cap. 6 43 Eliz. cap. 4. 5 Eliz. cap. 18. An Act declaring the authority of the Lord Keeper OF THE GREAT seal OF ENGLAND (frequently thus styled in this Act) and the Lord chancellor to be one: 1 Jac. c. 28. 1 Car. c. 2. 16 Car. c. 1. with sundry other Acts, to omit law-books and Historier. And being thus become the great seal of England, (the Parliament the representative body of the whole realm of England) must necessarily have an interest in, and jurisdiction over it in all public respects, even so far as to new make it when there is need, and to dispose it for necessary affairs of Parliament and the realm, when the old seal (the proper seal of the Parliament) is purposely subtracted, yea, denied them for necessary public uses.  
Secondly, that after the great seal became common and necessary to most public affairs, in which regard the whole kingdom and Parliament came to have a right in, and power over it; so in other respects the King still retained a peculiar interest and prerogative in it, in all arbitrary matters of royal grace and favour, to which he is no ways obliged in point of Law; in which respect it is called, The King's Great seal, As first, in cases of general or particular Charters of pardon. Secondly, of Indenization or Enfranchisment. Thirdly, of erecting new Corporations, or confirming old. Fourthly, of dispensing with some kind of laws, Penalties, and Forfeitures. Fifthly, of conferring some kind of less public Offices, and Annuities for services performed or to be executed. Sixthly, of granting new Liberties or Franchises of grace to Corporations or private Subjects. Seventhly, of creating or conferring new honours on deserving men. Eighthly, of Licences for mortmains, impropriations, alienations, consecrations of new Churches or chapels, &c. Ninthly, of public collections for persons or towns distressed through fire, shipwreck, or other casualties. Tenthly, of private negotiations with foreign Princes, States, or Subjects, and some kind of Protections, Commissions of grace rather than right or justice. In all these, and such like particulars of mere grace, or less public concernment, the kingdom and Parliament neither properly have, nor pretend to have any public right or jurisdiction over the great or petty Seals, but leave them absolutely free to the King as if they were his own private seals alone, so far forth as his Charters, Pardons, Grants, Licenses, Dispensations, Protections, Commissions of this kind are consonant to the laws and Statutes of the realm, and not repugnant to them.  
Thirdly, the Parliament and whole Kingdom, as to all public affairs of state and the administration of Justice to all the subjects, hath committed the making lawful use, power and disposal of the great Seal of England in trust to the King, as to the supreme Magistrate and Justitiar: over which they never claim a constituting or disposing jurisdiction, whiles it is rightly managed according to Law. But if this seal be either wilfully abused or subtracted contrary to Law, or trust, to the prejudice of the kingdom, the obstruction of public Justice, or violation of the privileges of Parliament, and not redressed after several complaints and Petitions of the Houses to the King for reformation of this grievance; Whether the whole kingdom, or Parliament in such a case as this, who have authority to remedy the grievances, the abuses, or wilful absence of the great seal, have not likewise a lawful sovereign power to make a new great seal, and appoint a Keeper of it, for supplying the absence, regulating the abuses of the old, removing obstructions of public Justice, filling up the Commons House by issuing Writs to elect Knights and Burgesses in the places of such as are dead or justly expelled (now denied;) sealing of Writs of error in Parliament and other such public Parliamentary affairs necessarily requiring the presence of the great seal (the proper seal of the high Court of Parliament, which hath no other seal but it) and Lord chancellor (the ordinary Speaker of the Lord's House, by virtue of his very Office in all ages,) and so his and the great seals presence absolutely necessary, unless dispensed with by the House upon inevitable occasions of absence; is the sole question now in debate? And under correction, in this case, and for these public ends alone, I humbly conceive, the Parliament both lawfully may cause a new Great seal of England to be engraven, constitute a Chan●ellour to keep it, and seal Writs for new Elections, Writs of error in Parliament, with other necessary Writs and Commissions with it, for the public administration, expedition of Justice, the better transaction of all Parliamentary State affairs now obstructed, to which the great seal is requisite.  
This I shall endeavour to make good by precedents, by reasons of Law and State-policy; beginning with the new making, and then proceeding to the keeping and ordering of the seal, during the present differences and necessity.  
First, there are two memorable precedents in our Histories and Records, of making a new great seal by the Lords and Commons in Parliament, without the King's actual assent, which will overrule our present case: I shall begin with the ancientest of them; 
* Matth. West. An. 1272. pag 352. Horne's Myr. p. 233. Here. p. 15. Daniels Hist. pag. 185. See Walsing. Hist. Aug. p. 1, 2. Speeds Hist. p. 646. Walsing. Ypod. Neustr. p. 67.  King Henry the third departing this life, whiles his son Prince Edward, was militating in the Holy Land against Christ's enemies; hereupon the Nobles and States assembled at the new Temple in London, the day after the King's funeral, proclaimed Prince Edward his son King, ordained him successor of his father's honours, though they knew not whether he were living; ET FACTO SIGILLO NOVO, writes Matthew Westminster. And CAUSING A NEW seal TO BE MADE (so Daniel) they appointed faithful Ministers and KEEPERS for the faithful custody both of the Seal, King's Treasure and kingdom's peace. lo here a new great seal made by the Lords and States in the King's absence, without his privity, for the necessary execution of justice, either in an assembly out of Parliament (as some suppose this meeting was;) or at least wise in a Parliament, assembled, held, yea ordaining a new great seal, new Officers of King and State, without the King's presence or privity, and then it is our present case in effect: For if this Assembly of the States, even out of, or in Parliament, in this case of necessity, during the King's inevitable absence, might lawfully make both a new great seal, chancellor, Treasurer, Judges, Justices of peace, and other Officers of King and State (as they did, and conceived they might justly do, none then or since disavowing or censuring this Act of theirs, for aught I read, but all approving, applauding it as legal,) then certainly this Parliament assembled and ratified by the King himself, being the greatest sovereign power, and having far more Jurisdiction than any council or Assembly of Lords out of Parliament, may much more justly and loyally cause a new great seal to be engraven, and appoint a Keeper of it, during the wilful absence both of the King, Keeper, and old great seal from Parliament (contrary to all Law and former precedents) for the better expedition of Justice, and transaction of the affairs of the Parliament, being the Parliaments proper seal, and anciently appointed by it, as Horne's 
* Pag. 15.  preceding words import.  
The second precedent is, that of King Henry the 6, his reign, who being but an 
* Hall. Store-Speed, Holinshed, Grafton,  infant of 9 months' age when the Crown descended to him: there 
* 1 H. 6. p. Rot Parl, 1. H 6. Num. 1. etc The second Part of the sovereign power of Parliaments and Kingdoms (where I have transcribed these Records at la●ge) p. 65 to 70.  issued forth a Commission in this Babes name, to Humphrey Duke of Gloucester, his Uncle, than Protector, to summon and hold a Parliament in his name; which being assembled, Num. 14. The Bishop of Durham Lord Chaeuncellor to Henry the 5th. resigned up the old seal of England to King Henry the 6. in the presence of divars credible witnesses, and the Bishop of London, Chancellor of the duchy of Normandy. resigned up also the seal of that Dukedom to him, After which Num. 15. It was enacted and provided by the Lord Protector Lords and Commons in that Parliament; That for as much as the inheritance of the kingdoms and crowns of France, England, and Ireland were now lawfully descended to the King which Title was not expressed in the King's seals, whereby great peril might accrue to the King, if the said Inscriptions were not reformed according to his Title of inheritance; that therefore IN ALL THE King's SEALS, as well in ENGLAND, as in IRELAND, GVYEN, and WALES, this New style should be engraven: Henricus Dei Gratia, Rex Franciae, et Augliae, et Dominus Hibemiae, according to the effect of his Inheritances; blotting out whatsoever was formerly in them superfluous, or contrary to the said stile. And that COMMAND should be given to All the Keepers of the said seals of the King, to reform them without DELAY, according to the form AND EFFECT OF THE NEW seal aforesaid, Num. 16. The Lords and Commons in this Parliament constitute and ordain a new LORD Chancelour OF ENGLAND, Lord Treasurer, and KEEPER OF THE PRIVY seal; granting them saverall Letters Patents of these Offices in Parliament in the King's name. And Num: 17. The Liberties, Annuities, and Offices granted by King Henry the 5. and his Ancestors to soldiers in foreign parts, were confirmed in Parliament, and their Parents ordered TO BE SEALED WITH THE King's NEW seals, with our paying any Fee.  
Here we have not only the Great, but Privy Seal, yea all the King's seals in England, Ireland, France, Wales, Resigned, Altered, Ordered to be new made, and the chancellors and Keepers of them expressly Created by the Lords and Commons in Parliament, without any Personal actual consent of the King, (Than an Infant) for the necessary administration of justice, and great affairs of the realm; No man ever questioning, much less censuring this Act of theirs, as illegal, or treasonable, within the Statute of 25. E. 3. of counterfeiting the King's seal; but all approving it as just and necessary. Therefore, doubtless the present Parliament may do the like in this unparalleled case both of the Kings, L. Keepers, the great and privy seals wilful absence and substraction from the Parliament, of purpose to obstruct all proceedings in Parliament, and the course of common justice.  
These two famous precedents are not singular, but backed with the Authority of judge horn, forecited, p. 15. and many other of like nature, and reason, even in printed Statutes.  
The Statute of Acton Burnel made in the 13. year of King Edward the first, for the more speedy recovery of the merchant's Debts, gives the Mayors of London, York, and bristol authority to take recognizances of Debts before them to be made by the clerk appointed for that purpose: whereunto the seal of the Debtor shall be put, with THE King's seal, THAT SHALL BE PROVIDED FOR THAT purpose; the which seal SHALL remain IN THE KEEPING OF THE MAIOR and clerk A foresaid. And THE King's seal shall be put unto the sale and delivery of the goods devisable for a perpetual witness. we have here a New Seal of the Kings, with special keepers of it, appointed for recognizances, and the uses thereof limited, by a special Act of Parliament: confirmed in another Parliament, touching Statute Merchants, made the same year; 13. E. 1. which further enacts, That ANOTHER seal SHALL BE PROVIDED, that shall serve for fairs, And that the same shall be sent unto every fair, under THE King's seal, by a clerk sworn, or by the Keeper of the fair. And of the Commonalty of London two Merchants shall be chosen, than shall swear, and THE seal shall be opened before them, and one piece shall be delivered unto the foresaid Merchants, and the other shall remain with the Clerk: 13. H. 8. c. 6. 2. & 3. E. 6. c. 31. second those Acts. 27. E. 3. Parl. 2. c. 1. 9 enact. That the Mayor of the Staples shall have power to take recognisances of debts, which a man will make before him, in the presence of the Constables of the Staple, or one of them. And that in every of the said Staples BE A seal ORDAINED, remaining in the custody OF THE SAID MAIOR of the Staple, UNDER THE seals of the same Constables: which is again enacted. 15. R. 2. ch. 9 &. 8. H. 6. c. 18.  
The Acts of 12. R. 2. c. 3. &. 7. ordain, That A seal OF THE KINGS shall be made, assigned, and delivered to THE KEEPING of some good man of the Hundred, Rape, or Wapentake, City, or burrow, after the discretion of the justices of Peace, to be kept to this intent, to make Letters Patents to Servants, Labourers, Vagabonds, pilgrims, who shall have occasion to depart out of the Hundred, Rape, or Wapentake where they lived, to serve or dwell else where, &c. And that about THE same seal shall be written, the name of the County, and OVERTHWART THE SAID seal, the name of the Hundred, Rape, or Wapentake, City, or burrow. And 14. R, 2. 11. enacts That seals BE MADE FOR THE SERVANTS, and DELIVERED UNTO THE KEEPING OF SOME GOOD MEN OF THE county, after the purport of the said Statutes: Here the King's new seal, form of it, and keepers too, are ordered by Parliament.  
The Statutes of 27. E. 3. c. 4. 3. R. 2. c. 2. 15. R. 2. c. 10. 17. R. 2. c, 2 prescribe A NEW seal to the King's Aulnegeors and Collectons of Subsidies, wherewith all clothes shall be sealed before they be sold, under pain of forfeiture, 1. H. 4. c. 19 & 9 H. 4. c. 2. It was enacted; That certain clothes should not be SEALED by them for three years, 4. H. 4 c. 6. enacts, That one sufficient man should be assigned by our sovereign Lord the King, to seal the Clothes that shall be wrought and ful●ed in London, and the Suburbs of the same, WITH A SEAL OF LEAD, as of old time was used in the said 〈◊〉 and Suburbs, 11. H. 4. c. 6. ordains, That A NEW SEAL, HAVING A sign and Mark DIFFERING FROM THE OLD seal of the Office of the King's Aulnegeor, SHALL BE MADE and DELIVERED TO THE aulnegeors. And that after the same so NEWLY MADE and delivered, Proclamation shall be made in the West, and in other places through the realm, that no clothes shall be sold (of such sorts mentioned in the Act) before the Aulnegeor hath searched and measured them, and set THE NEW seal OF HIS OFFICE TO THEM, which is confirmed by 13. H. 4. c. 4. This seal by 11. H. 6. c. 9 is styled, THE King's seal thereunto ordained, and prescribed to be put to clothes, So 18. H. 6. c. 16. a line, is prescribed to be sealed for the measuring of cloth, 8. E. 4. c. 1. enacts, That broad clothes shall be SEALED by the King's Aulneger, or sealed with the seals of the Subsidy and Aulneger therefore ordained, AND IN WAX. And 4. E. 4. c. 1 That for kerseys and short clothes A seal OF LEAD SHALL be ORDAINED, and by the Treasurer of England for the time being, provided, and hanged at the lower part of the edge of the said cloth: And that the Treasurer of England for the time being, shall have power and authority to make SUCH, and so many KEEPERS OF THE SAID seals as he shall think necessary; so that no stranger born be made any of the said Keepers, 17 E. 4. c. 1. 1. R. 3. c. 8. and other Statutes enact the like, 25. H. 8. c. 8. 27. H. 8. c. 3. & 4. E. 6. c. 2. 5. E. 6. & 6. 2. &. 3. Phil. and Mary. 12. 4. & 5. Phil. and Mary, c. 5. 8. Eliz. c. 12. 23. Eliz. c. 9 with other Acts, prescribe divers sorts of seals of LEAD, to seal clothes withal, containing the length, or length and breadth of the said clothes; some of the seals for ill clothes, to have faulty engraven in them; others, that are died and madered, the letter M. and the like; some to be kept and affixed by the Aulnegers, others by the Searchers appointed in every County, town, or burrow; Such variety of seals, and Keepers of them have these several Parliaments prescribed only for cloth, which yet they style THE King's seals; though neither made, kept, disposed of, nor the form prescribed by him, but the Parliament. See the like for Leather, 5. Eliz. c. 8.  
The Statute of 11. H. 6. c. 6. makes mention, of seals assigned to the Customers Office, and punisheth the abuses of them, set to blank scrowls, with forfeiture of goods, as in case of Felony.  
12. Ed. 4. c. 3. The statute of Tunnage and Poundage for guarding the Seas; enacts, cloth of Gold, Silver, Baudkin, Velvet, damask, Satyn, Chamlets, silks, &c. brought from beyond the Sea shall be sealed in one end thereof before it be sold, with THE seal or mark ESPECIALLY TO BE ORDAINED FOR THE SAME, whereof the Collectors of that Subsidy shall have the one part, and the controller the other part, severally in their custody: which is confirmed by 4. H. 8. c. 6. & 21. H. 8. c. 21.  
14. & 15. H. 8. c. 3. appoints a several Warden of the Worsted-makers in the towns of Yarmouth, and Lynne, to be annually chosen, and serve to survey and search the Worsteds there made; and that the Warden of Yarmouth so elect and sworn; shall ordain and appoint A seal with the letter Y: and the Warden of Lynne A SEAL with the letter L, to be engraven in the same SEAL: and to seal in Lead with the SAME seals so to be appointed and engraven, and none other, all Worsteds and Flannins within these towns and their Suburbs: 14. & 15. H. 8. c. 5. ordains a special common seal for the Corporation and college of Physicians in London.  
27. H. 8. c. 27. Which establisheth the Court of Augmentations, and prescribes the several Officers in it, with the oaths they shall take; enacts likewise, That this Court shall have ONE GREAT seal, & ONE PRIVY seal, to be engraven and made after such form, fashion, and manner as shall be appointed by the King's highness; that the chancellor of this Court shall have THE KEEPING OF THESE seals, which shall remain and BE ORDERED as in that act is at large declared. The statute of 33. H. 8. c. 39 which erects the Court of Surveighers, prescribes a particular seal for that Court, the person by whom it shall be kept, and how it shall be used, together with all the Officers of that Court, their oaths and Fees. So 34. H. 8. c. 26. enacts; that there shall be several original and judicial seals MADE for the several Counties and Circuits of Wales; prescribes the several parties that shall keep these seals, what writs and Processes they shall seal with them, and what fees they shall take for them; as you may read at large in the Act. In like manner the statutes of 32. H. 8. c. 45. & 33. H. 8. c. 22. enact the Court of Wards & Liveries, to be a Court of Record; and that they shall have ONE seal to be engravin and made after such form, fashion, and manner as shall be appointed by the King's highness, which shall remain and be ordered as is afterward declared in those Acts; prescibing who shall keep it, how it shall be used, and what Fees shall be paid for it: And 32. H. 8. c. 45. ordains a particular SEAL for the Court of first fruits and Tenthes, which it erects, with the Officers that shall keep it, their oaths, and Fees for sealing with it. True it is, these Statutes leave the form and fashion of these seals last mentioned to the King's appointment (which they might have likewise prescribed, as in the former Acts) being is matter of no great moment; but the Keepers, use, ordering, and fees of all these seals, are punctually limited by the Parliament, and not left arbitrary to the King.  
And to trouble you with no more Acts of this nature, the statute of 1. E. 6. c. 2 enacts, That all archbishops, and spiritual persons, under the pain of a praemunire, even in the King's ecclesiastical Courts, shall make out all their Processes in the King's name, with the King's stile, as it is in Writs original and judicial at the Common Law, and shall from the first day of I●ly, have IN THEIR seals OF OFFICE, THE King's highness arms DECENTLY SET, with certain Carects under the Annes, for the knowledge of the diocese, and shall use NO OTHER seal OF JURISDICTION, but wherein his majesty's arms be engraven, Here the express form as well as use of these seals is prescribed by the Parliament, and not left Arbitrary to the King or Bishops.  
If then our Parliaments in all these cases have thus prescribed New seals of the Kings for his Courts and Officers, together with the form, custody, use, and fees of them in these several Acts; why they may not likewise enjoy the making of a New broad Seal to supply the absence of the old, in the cases forementioned, I cannot yet discover, it being the Parliaments Seal, and GREAT SEAL OF-ENGLAND, and so commonly styled in sundry printed statutes, as well as the Kings, in respect of the public justice and affairs of the realm of England, and Parliament which represents it; If the Major, bailiffs, Bishop, Dean, President of a college, Mr. of a Company, Abbot or Prior, or chief Justice shall detain or withdraw the common seals of their several Corporations or Courts; the Common counsel, Aldermen, Chapter, fellows, Livery-men and Courts, may doubtless lawfully make new seals without, yea against their consents, and use them too for their common affairs, without injury or forgery: And why the Parliament than may not in such cases, make a new great seal of England, by like reason without the King's consent, when the old (their only Seal) is purposely withdrawn, and kept from them to hinder their proceedings, I cannot yet discern.  
If any here object; 
Object. 1.  First, that it is High Treason both by the Common and Statute Law, to counterfeit or make the King's great seal without his privity or consent, as is evident by Glanuil, Bracton, Britton, here forecited. 3 E. 1. c. 15. 25. E. 3. Stat. 5. C. 2. of Treasons. 5. H. 4. C. 15. 27. H. 8. C. 2. 1. E. 6. C. 12. 1. Mar. Parl. 1. C. 6. Stamford, L. 1. C. 1. Brooke, Treason. 3. 13. 17. crompton's jurisdiction of Courts. 69. and generally all our law-books. Therefore for the Parliament, or any else by their command, to make and use a new broad seal.  
I answer: 
Answ.  1 That this is true only of private men who make a broad seal by their own particular Authority, in deceit of the King and kingdom, not of the Parliament, or any employed to make or use it by their Authority; The Parliament the supremest Power of all others, being uncapable of Treason, and out of the words and intention of the seand all Acts concerning Treason, as I have 
a sovereign power of Parliaments part. 1 p. 107. to 112. part. 2. p. 25. 26.  elsewhere proved at large; to which I shall refer you. Secondly, the King hath his great seal of England, not in his own particular, but the kingdoms and people's right alone, as their public Minister and servant, for their use and benefit, the kingdom, and Parliament which represents it, being the 
b Ibid. part. 2. p. 3. to 20. Appendix p. 163. to 271.  Proprietors of this Seal, which upon the King's decease is ever surrendered to the successor King, as belonging to the kingdom, as the seals of other Corporations go to the Mayors, Bishops, Deans, Abbots, precedents, Succesors, not their heirs, Executors, or Administrators, as other men's Seals do. The Kingdom and Parliament therefore being the true Proprietors of it, as it is the public Seal of the kingdom, not the King, may lawfully give order for the new making of it, even without the King, in case of necessity, when it is unduly withdrawn, withheld, Thirdly, the Forging of the great seal is high Treason only, as it is the 
c Ibid. part. 3. p. 7. 8. part. 2. p. 25. 26.  kingdom's common seal, not the King's private and particular seal; and an offence against the kingdom, and King himself only in his politic public capacity, as head of the kingdom, not in his private: whence counterfeiting of the King's sign manual, privy signet, or privy seals were no high Treason at Common Law, (being no public, but rather private seals of the Kings) till they were made so by 27. H. 8. c. 2. since repealed by. 1. E. 6. c. 12. 1. Mariae Sest. 1. c. 1. rastal Treason, 13. and so no Treason at this day: even as the compassing of the King's death is no Treason, considered only as he is a private man, but as a 
d Ibid. part. 3. p. 7. 8.  public person, invested with his politic royal capacity. If then the Parliament (the representative body of the kingdom, against which all treason in counterfeiting the Great Seal are principally committed, & the true proprietory of this seal) shall order a New great seal to be made, or used, for the service of itself and the kingdom in this case of necessity, it cannot possibly be high Treason in them or their Agents, for than they should be traitors to and against themselves, and suffer for an Offence against themselves and the realm, done by their own Votes, and assents in Parliament. Fourthly, the counterfeiting of the Great seal, mentioned in those Law books and Statutes, is that only which is secret, fraudulent, traitorly in deceit of the King, kingdom, Subjects (f) like to counterfeiting of false many, (ever joined with it) by private persons, as our Law books, and all cases of this nature adjudged High Treason, attest; whence it is styled, Crimen falsi: falsificatio sigilli, &c. by (f) Bracton and others, and such like offenders, Fanscors des sealx: and the Inditements must be, that they did it proditory: neither of which can be intended of, 
(g) Grimstons History of the Netherlands P. 556. to 667 See the Appendix 184. 185  or applied to the new making of a great seal by authority of Parliament, for the necessary administration of justice and benefit of the realm, when the great seal is subtracted, as now. Fiftly, the Lords and Parliaments making a new great seal in the absence of Edward the 1: and infancy of Henry the 6 without their privity or consent, to supply the defects of justice, which else would have ensued, was never reputed Treason, but a lawful Act: Therefore the present making of a new seal, to remedy the wilful absence of the old, without the King's consent, (who withholds it and the Keeper from the Parliament 
* Magn. Charta c. 29,  against all Law and former precedents) can be no Treason but a lawful Act. And since the Parliaments of England in the absence, infancy and dotage of their Kings, have usually of right made Lord Protectors, and chancellors, who had power over the great seal (as I have 
e sovereign power of Parliament part 2 p. 4●● to 87.  elsewhere largely proved) they may be the selfsame reason, make a new great seal likewise, to supply the wilful absence of the old. Finally, all the objected Statutes and Law books adjudged it high Treason, to counterfeit the King's money as well as his seal, and join them both together in one clause But the Parliament hath a long time coined money at the Tower, and made new stamps to do it, when the old were broken or worn out, without any charge or tax of Treason: therefore they by like reason may make a New great seal without Treason.  
If any secondly object: That to make a new great seal (of Engand) is all one in effect, as to make a new King of England.  
I answer 1. that to deface the King's old seals and Signets, by public Acts of State, as the Hollanders did the King of Spain's, when they cast off his Government for his Tyranny (which they, 
h Alvarus P●lagius De planctu Ecclesiae. L. 1. Art. 56 62. F. 56. Si non ex praesumptione privato, sed authoritate publica et communi Rex in Tyrannum conversus, vel alias Tyrannus destruetur, vel ejus potestas ipsa refrenetut; non est putanda talis multitudo infideliter agere Tyrannum destituens te si in perpetu unance a sibi sc subjecerat quia hoc ipse meruit in multitudinis regimine se non sidelater gerens, ut exigit Regis officium, quod ei pactum a subditis non servetur, &c. See the Appendix P. 137. 188  and Popish Authors held they might lawfully do,) and to appoint new seals in every Province only, with the names and Titles of the private governors and provincial Consuls of every Province, without the name and Title of the King of Spain, whose authority they abjured with a solemn Oath; would in truth be to set up a new King, and government; But to make a New Seal, only like, or not much different from the old, to supply its absence, with the Kings own Picture, arms, stile and Title, is no ways to impeach, but confirm his royal Authority, being done in affirmance, only, not dis-ffirmance of it, as Lawyers speak. Thus their making of a new seal in Edward the 1. and Henry the 6. his reign forementioned, was the highest confirmation of their Authorities, and the greatest expression of the subjects loyalties that might be; And why the Parliaments making of a new great seal to supply the absence & defects of the old, should be deemed a setting up of a new King against his Majesty, more than the Parliaments frequent constituting of Lord Protectors, in former times to supply the infancy absence, dotage, or imperfections of our Kings (of which I have cited you many precedents elsewhere) which all esteemed to be a ratification, not nullification or alteration of their royal Authority, (or the coining new money now, to supply the want of old,) transcends my understanding to apprehend: since those who may lawfully make a viceroy to represent the Person, or execute the sovereignty of a King in his name and right, may with as good reason and authority to, make a new great seal, to supply the defects and affected absence of the old, the seal being less than the person and sovereignty of the King, and the proper seal of the Parliament.  
2. This will further appear by considering in the second place, what power and Authority our Parliaments have claimed and exercised as of right, over the Custody and disposing of the Great seal of England. First, they have usually chosen and nominated the Lord chancellor, and Keepers both of the great and privy seal of England, together with the Lord Protectors, Lord Treasurers, privy Counsellors, and other great Officers of the Realm, as I have 
i See Francis Thin in Catalogue of Lord Chauncellors of England: & The 2 Part of the sovereign power of Parliaments. P. 41. to 73.  elsewhere plentifully manifested, and committed the Great seal to the chancellors custody only. Secondly, They have ordered, 
k Matthew Paris, Hut. Ang. p. 415. Matth. West, Anno 1222. p. 1●3. Daniel p. 157. Godwins Catalogue of Bishops p. 386. Francis Thin Catalogue of Chauncellors Holinshed Vol. ●. p. 1275 The 2 part of the sovereign power of Parliaments and kingdoms p. 48. 49.  that the chancellor should not be put from the custody of the seal, nor the seal taken from him without the common counsel and consent of the whole realm in Parliament; upon which ground, Ralph Nevil Bishop of Chichester, Anno. 1236 when King Henry the third upon a displeasure, earnestly demanded the Great seal of him, being then Lord chancellor, absolutely refused to deliver it to the King; saying, That he could by no means do it, seeing he had received it BY THE COMMON counsel OF THE REALM, and THEREFORE he neither could, nor would resign it without THE COMMON Counsell OF THE kingdom, to wit the Parliament: Yea the 
l Matthew Paris Hist; Ang: p. 619, to 623. Daniel 161: 162: sovereign power of Parliaments part 2. p: 49. 56.  Parliament, An. 28. of Henry the third, to prevent the abuses of the Great Seal which the King then began to take from the chancellor into his own custody, abusing it to ill ends) Voted; That if the King by any intervement occasion should take away the Great seal from the chancellor (who should always be chosen by the Parliament, or its assent,) what soever should be sealed in the interim should be reputed void & frustrate; till restitution of it were made to the chancellor: After this, the 
m Walsingham Hist. Ang. p. 143. 300. 3 〈◊〉 312 See the sovereign power of Parliaments part 2 p. 57 58.  Parliament in Richard the second his reign, disposed both of the chancellors place and the great seal; and Henry Scroop made Lord chancellor by it, refused at first to deliver up the seal to the King who demanded it of him; and when he extorted it from him, the whole kingdom were much displeased, and murmured against it.  
Thirdly, The chancellor of England, 
n See the 2 part of the power of Parliaments p. 70 71  hath resigned up his Office and Great Seal of England, in and to the Parliament, who have disposed of it to a new chancellor in Parliament, as you may read in the Parliament Roles of 4. H. 6. Nu. 14. 15. without the King. And the 
o Speed Holinshed Grafton in 1. R. 5  Archbishop of York L. chancellor of England, when K. Edward the 4th. died, was much blamed, for delivering up the Great seal of England to the Queen Mother: whereupon the Seal was taken from him; and delivered by the L. Protector to Dr. Russel Bishop of Lincoln. In regard of which disposing power, both 
p See 5 Eliz. c. 18. 13. Eliz. c. 7. 14. Eliz. c. 6. The Act for triennial Parliaments.  of the chancellor and Great seal by Parliament; both of them are usually styled in statutes, the Act for Triennial Parliaments, histories, (p) The Chancellur and Great seal of England. How the Parliament hath ordered and appointed the custody of the Kings other seals from time to time, I have showed in the forecited Acts, and will not repeat; but conclude, That if our Parliaments have enjoyed such a power and Jurisdiction over the great Seal, the chancellors and Keepers of it heretofore, when there was just cause; they may exercise the selfsame power over them now, especially when both of them have been purposely withdrawn, & detained from the Parliament so long, to retard, annihilate its proceedings contrary to Law, and the Act for its continuance.  
Thirdly, The Parliament hath exercised a power over the great seal, and other seals of the King; as the duchy Seal, Exchequer seal, seal of the Court of Words and Liveries, of the Court of Augmentations, of first fruits and Tenths, Staples, Surveyors, seals of cloth and other merchandise, safe conducts, customs, ecclesiastical Courts, and the like; in prescribing what Patents Charters, Commissions, Protections, Warrants, Grants, Writs, Pardons should be passed under them or any of them, and what not; And where the great and priety seal shall be used to promote right, and where not used to stay right or justice in any case whatsoever. This is evident by the several Statutes of 13. E. 1. of Acton Burnell, and statute Merchants, 25. E. 1. c. 1. 28. E. 1 c. 1. 2. 6. 20 18. E. 2. Statute E. 1 Prses. 2. E. 3. c. 8. 4. E. 3. c. 4. 5. E. 3. c. 2. 14. E. 3. c. 14. 15. Stat. 3. c. 1. & Stat. 4. 15. E. 3 c. 3. 18. E. 3. Stat. 2. c. 1. 36. E. 3. c. 2. 42. E. 3. c. 9 1. R. 2. c. 6. 5. R 3. c. 9 10. 14. 6. R. 2. c. 4. 18. R. 2. c 1. 12 R. 2. c. 8. 13 R. 2. c. 2. 13 R. c. 2. Stat. 2 c. 16. R. 2, c. 6. 2. H. 5. c. 4. 5. H, 5 c. 7. 10. H. 6. c. 7. 15. H. 6. c. 3. 20. H. 6. c 1. 31. 13. Eliz c. 7. 14. Eliz. c. 6. H. 6. c. 2. 1. E. 4. c. 1. 3. H. 7. c, 1. 4, H. 7. c. 14. 14. & 15. H 8. c 4. 21. H. 8. c. 16. 17. 20. 23. H. 8. c. 7. 25. H. 8. c. 19 21. 22. 27. H. 8. c. 2. 5, 11. 15. 16. 27. 34. & 35. H. 8. c. 16. 21. 26. 1. E. 6. c. 2. 5. 8. 12. 14. 3, & 4. E. 6. c. 8 39 Eliz. c. 5. 43. Eliz. c. 4. 11. 12. 5. & 6. E. 6. c. 1. 1. Eliz. c. 1. 5. Eliz. c. 1. 4. 2, & 3. Phii. & Mar. c. 20. Above all by 
* 16. Car. c. 1.  the Act for the preventing inconveniences happening by the long intermission of Parliaments, made this Parliament when fullest by his Majesties and both Houses unanimous assents; with infinite other Statute. And as the Parliament hath thus ordered and limited the use of the Kings own seals, so likewise the seals of sheriffs, Coroners, Corporations, Mayors of Staples, justices, judges, Searchers, and other Officers; together with the seals of Jurors, Electors of Knights Burgesses of Parliament and sundry other persons, as to public uses. Witness the Statute of Rutland. 10. H. 1. 13. E. 1. the Statute of Acton Burnell, and of Statute Merchants. 13. E. 1. c. 13. 31. 39 The Statute of Quo Warranto 18. E. 1. 1. E. 3. c. 8. 2. E. 3. Stat. 3. c. 5. 5. E. 3. c. 2. 10. E. 3. c. 3. 14. E. 3. c. 16. 25. E. 3. Parl. 5. c. 1. 5. 21. 27. E. 3. Parl. 2. c. 4. Parl. 3. c. 1. 9 42. E. 3. c. 3. 43. E. 3. c. 1. 12. R. 2. c. 7. 8. 13. R. 2. c. 11. 18. 1. H. 4. c. 19 2. H. 4. c. 17. 4. H. 4. c. 6. 7. H. 4. c. 13. 9 H. 4. c. 2. 11. H. 4. c. 6. 1. H. 5. c. 9 Parl. 2. c. 5. 3. H. 5. c. 3. Stat. 2. 6. H. 6. c. 4. 8. H. 6. c. 18. 9 H. 6. c. 10. 11. H. 6. c. 9 16. 15. H. 6. c. 6. 18. H. 6. c. 19 33. H. 6. c. 7. 1. E. 4. c. 1. 4. E. 4. c. 1. 8. E. 4. c. 1. 1. R. 3. c. 8. 14. & 15. H. 8. c. 3. 23. H. 8. c. 7. 25. H. 8 c. 19 26. H. 8. c. 14. 1 E. 6. c. 14. with other Acts. Therefore the Parliament may by the same, or a like reason, exercise a jurisdiction in making a new great seal, and directing the ule of it for the common good, to supply the absence of the old.  
Fourthly, the Parliament hath caused this new seal to be made, principally to complete the House of Commons by sealing Writs for new Elections of Knights and Burgesses, in places of the old who are dead, or justly expelled: and what power the Kingdom and Parliament have anciently exercised in this, or the like cases, I shall give you a brief account. First, the Lords and Commons have sundry times in former ages, not only enforced our Kings to summon Parliaments against their wills, when necessary, but likewise sent out Writs to summon a Parliament, and elect Knights and Burgesses, under the great seal of England in our King's names, without their privity and assent, as I have 
* The sovereign power of Parliaments part 1. f. 8. to 16.  elsewhere manifested by sundry precedents: And by the very Act for the 
* 16 Carol. c. 1.  triennial Parliament, (assented unto by His Majesty, and all the Lords and Commons who are, or were with him at Oxford; this very Session of Parliament) it is expressly provided, That in case the King refuse or neglect to summon a Parliament every three years, next after the last day of the last Parliament preceding it, by Writs under THE GREAT seal OF ENGLAND (so frequently styled in this Act;) that then every Lord chancellor of England, the Lord Keeper of the great seal of England, and every Commissioner and Commissioners for the keeping of the Great seal of England for the time being, within six days after the tenth day of September in every such third year, shall in due form of Law, without any further Warrant or direction from His majesty, His Heirs or Successors, seal, issue forth, and send abroad several Writs of Summons to the respective peers of the realm, and Writs of Election to the Sheriffs of the several Counties, Cities and Boroughs of England and Wales, &c. for the electing of Knights, Citizens, and Burgesses to serve in Parliament: prescribing, that every Lord chancellor, Keeper, and Commissioner aforesaid, shall take an Oath, truly and faithfully to issue forth and send abroad all Writs of Summons to Parliament for both Houses, at such time and in such manner as is expressed in this Act; under pain of being disabled ipso facto from their places, in case of refusal or neglect. And then the Lords are ordered to meet at Westminster without Writ or Summons, and any twelve of them are enabled, to grant out Writs of Summons under their hands and seals, to all Sheriffs of Counties, Cities, and Boroughs, which shall be of the same force to all intents as the Writs of Summons to Parliament under the great seal of England. And in case the Lords neglect or refuse to issue such Writs, than the Sheriffs, Majors, and bailiffs of Counties, Cities, and Boroughs, without any Writ at all: and in their default or neglect, the freeholders and Citizens of each County, City, and Borough, are enabled to elect Knights, Citizens, and Burgesses, without any Writ at all, and the Election and Parliament to be as effectual, as if summoned under the great seal of England. If then a Parliament may be thus summoned by the Lord Keeper himself, by a Writ under the great seal, without the King's privity, or contrary to his Command; or by a Writ under the Lord's Seals only; or without any Writ at all, in some cases, and that by express provision of an Act made this Parliament: why this Parliament may not, by as good or like reason (now it is assembled and perpetuated by another Act) make a new great seal to seal Writs of Election, or grant out their Writs without the great seal, by an Ordinance of Parliament only, to complete the Houses, now the great seal hath been so long absent, and such Writs refused to be issued under it, though oft desired (without any danger of Treason, or derogation to the King's Prerogatives I cannot yet dicerne. It being far less, for a sitting Parliament in this case, to make a new great seal, or issue out Writs of Election without the King's privity (now in arms against it) to recrute it's own Members, then for the chancellor, Keeper, Lords, or Commons themselves out of Parliament thus, either with, or without Writ, to summon and hold a Parliament, without, yea against the King's assent, his Proclamations or Inhibitions to the contrary. And those fundamental principles of Law, State-policy, with that sovereign power of the Parliament and kingdom, above our Kings, which induced both Houses thus to make, and his majesty readily to assent to this late Act, for the common benefit and safety of the Realm, in case of His own or the Lord Keepers wilful neglect, or refusal to do their duties; will doubtless enable the Houses now sitting, to make a new great seal, or issue out Writs of Election, error, and the like, either under it or without it, during the voluntary absence of the King, Lord Keeper, and great seal from the Parliament (contrary to Law, custom, Duty, Oath) of purpose to complete the Houses, and expedite public Justice, obstructed by their absence. And the rather may the Parliament do it in case of Writs of Election, because such Writs, with the Elections made by virtue of them, have usually been ordered, formed, issued our, determined, judged only by the Parliament; and Writs for new Elections (by reason of death or removal) have constantly issued out, of course, by Order or Warrant from the Speaker or Commons House only, without special Warrant from the King himself without refusal or denial, as is evident by the Statutes of 5 Rich. 2. cap. 4. 7 Hen. 4. cap. 15. 11 Hen. 4. cap. 1. 8 Hen. 5. cap. 1. 6 Hen. 6. cap. 4. 8 Hen. 6. cap. 7. 10 Hen. 6. cap. 2. 23 Hen. 6. cap. 11. 32 Hen. 6. cap. 15. 8 Hen. 8. cap. 16. 35 Hen. 8. cap. 11. Br. Parliament 7. Dyer f. 60. crompton's jurisdiction of Courts f. 3, 4, 16. Neither can they be denied, o● the Houses kept incomplete against their wills by his refusal, without apparent breach of the privilege of Parliament, yea, of Magna Charta itself, as the Lords resolved, An. 1256. in Henry the third his reign, and the whole Parliament since 1 Hen. 4. Rot. Parl. num. 21, 22. as I have 
* See the second part of sovereign power of Parliaments. p. 7. 42.  elsewhere proved.  
From all which Authorities I humbly conceive, the Parliament may lawfully in the case fore-stated, both make a new broad seal and Keeper of it, to fill up the Houses, and redress the obstructions of Justice, of Parliamentary proceedings, occasioned by the great seals absence.  
To these authorities I shall annex the ensuing Reasons both of Law and State:  
First, the Parliament the supreme power and Judicature in England, having the chief interest and propriety in the GREAT seal OF ENGLAND, in respect of ●●ss public use, may lawfully new make and use that seal which is it own in respect of property and use; and the Kings only as their public Minister.  
Secondly, that the Parliament being the chief State-physician of the realm, may, and aught by Law to redress all public grievances: therefore the grievances and obstructions of Justice, occasioned by the old great seal and Lord keeper's absence or abuse, by making new.  
Thirdly, the Parliament may and aught to supply all defects, defaults of State Officers, Laws Affairs, prejudicial to the realm: Hence it always hath supplied the Minority, Detage, or Absence of our Kings by constituting a viceroy of their own election to exercise all royal Authority; the absence of the Lord Keeper or Speaker of the lower House, when sick by substituting others to supply their places; the defects of the Common Law by new Statute-Laws; and providing new Laws Courts, seal, against new mischiefs, not remediable by old Acts. This appears most lively by the Act for triennial Parliaments forecited, wherein the wilfulness and negligence of the King, is ordered to be supplied by the Lord Keeper; the Lord Keepers, by the Lords; the Lords, by the Sheriffs of Counties, Majors, and Bailiffs; and theirs by the Freeholders, Citizens, and Burgesses. The council of Basil, and others 
* The sovereign power of Parliaments part 1. edit. 2. p. 13.  forecited are to like purpose: and the Statute of 25. Hen. 8. c. 21. which Law abolishing the Pope's authority, enables the Archbishop of Canterbury, to grant all ecclesiastical Licences and Dispensations here, which the Pope alone formerly granted at Rome; and then provides, that in case the Archbishop should wilfully and obstinately refuse to grant such Licences and Dispensations to those who demanded them without a just and reasonable cause; that then an Injunction should issue out of the Chancery under the great seal to him, commanding him to grant them; and if he then wilfully refused to do it, that then the King upon every such default and wilfulness, should grant a Commission under the great seal to any two Prelates or spiritual persons that would grant them, by an instrument in writing under THEIR seals. The Parliament therefore now summoned and sitting, by like reason lawfully may, and is bound in duty to supply the present wilful absence of the Lord Keeper and great seal, (treacherously carried from it beyond expectation, contrary to promise, and so long detained thence) by constituting New ones in their places. It was one principal Article preferred by 
* Hall's Chron. 2● Hen. 5. c. 19 Grasion p. 1191  the Parliament against Cardinal Wolsie, That when he was sent ambassador into Flanders, to the Emperor, he carried the Great seal with him without the King's consent; for which he was displaced and fined. Much more than may the Parliament displace the Lord Keeper, for carrying away the great seal (the only seal of this high Court) in a surreptitious manner from them, contrary to his duty, without and against their consents, and make a new great seal and Keeper in lieu of the old.  
Fourthly, the Parliament is bound to take care, That public Justice (according to 
* 9 Hen. 3. c. 29. 2 Edw. 3. c. 8.  Magna Charta (and other Acts) be not delayed nor denied to any Subjects that desire or need it, being the supremest Court of Justice, to punish all offences, neglects, supply all defects in the highest Officers of Justice: Therefore to provide a new broad seal and Keeper of it, since public Justice is denied to most, obstructed, delayed to all, by the unlegall wilful absence of the old great seal and Lord Keeper from the Parliament, and Courts at Westminster.  
Fifthly, The Houses of Parliament, in point of honour, trust, duty, more especially since their late Protestations and Covenants, are bound universally to preserve their own just privileges, Rights, and Liberties; whereof these are indubitable ones. That the Lord chancellor & Keeper of the Great Seal of England, together with the Seal itself remaining in his custody, ought always constantly to attend the Parliament and be present with it. First, 
x See Modus Tenendi Parliament; Cambden, Holinsh. Vowel, and Sir Thomas Smith, lib. 2. cap. 1. in their Treatises of the Parliament of England. with all the Journals and Parliament rolls.  because the Lord Chancellor or Keeper of the Great seal is always a necessary member of the Vppor-House, and the Speaker of it, by virtue of his very Office. Secondly, because not only constant custom, but 
y 14 E. 3. c. 5. 15. E. 3. c. 4, 5. Stat. 1. 31. H 8. c. 10.  sundry Acts of Parliament, require the chancellors, and Keepers special presence in Parliament, in direct terms. Thirdly, because the chancellor, and Great seal are, and aught to be necessarily present in Parliament, being the only proper seal of this highest Court, for divers public ends. 1. To issue out Writs 
z Brooke Parliament 7. Dyer. 60. a.  of summons and new elections, for summoning the Members of both Houses, as oft as there is need, to keep the Houses complete. 2. To seal Writs of 
a 1 H. 7. f. 19, 20. Ashes Tables Error 65.  Error, brought in Parliament. 3. To seal 
b Dyer f. 59 60, 5 H. 4. c. 6. Br. Parl. 11. 1. Jac. c. 23.  Writs of privilege for members of Parliament, or their menial servants. when there is cause. 4. To issue and seal such 
c Stat of Winchester, 13 E. 1. c. 24. 28. Register, f. 271.  new Writs as shall be devised in Parliament, upon new occasions. 5. To issue out and seal such 
d 14 E. 3. c. 5. and all Acts for Subsidies.  Commissions as shall be necessary upon public employments, Trials criminal or judicial, Taxes or Subsidies, appointed in and by Parliament. 6. To seal such 
e See the sovereign power of Parliaments, pars. 2. p. 25. 61, 66, 67, 68, 70, 71. & here p. 2. 3.  Patents and Charters of Honours, Lands, privileges, Offices, and the like, which shall be thought meet to be granted in Parliament, as most old Charters were. 7. To seal Parliament pardons and all Proclamations, exemplifications of private Acts of Parliament, and such Acts as are to be proclaimed, to such who require them, 2 H. 5. c. 4. 1 R. 2. c. 6. 1 H. 7. f. 23. 25. Coronc. 49. 33 H. 6. 17. Parl. 1. 21 E. 4. 56. Dyer. 135. Cook l. 8. f. 7. 8. 28. 43 E. 3. c. 5. 2 H. 5. c. 46. 1 H. 6. c. 2. 26 E. 3. c. 16. Ashes Tables Proclamation. 39  
In all these respects, with others, the Lord chancellors, Keepers, and great seals presence being simply necessary in Parliament, (where by Law and custom they ever have been, and aught to be, till this late precedent,) The Houses lawfully may, and in point both of honour and justice, ought, for the maintenance of their own undoubted privileges, to constitute a new great seal, and Keeper of it, if the old be not returned to them speedily, having been wilfully, above twelve month space, withdrawn, detained from them, on purpose to dissolve the Parliament, retard or frustrate all its proceedings, and stop the common course of justice, contrary to all Law and Justice.  
In few words, this Parliament, without any exception of King, Courtiers, Malignants, or any other I have yet heard of; have made a new master of the Mint, at least restored an old one to his place, who was dispossessed; coined money, and made new stamps for that purpose, where the old were broken or worn out, without the King's consent, or any tax of treason, or disloyalty: Therefore, by the selfsame Law and reason, they may lawfully make a new Great seal, and Lord Keeper of it for the ends aforesaid, to supply the absence, defects, and prevent the gross abuses of the old, without any Treason or disloyalty.    

The VOTES of the House of COMMONS, together with their reasons for the making of a new Great seal of England, presented by them to the LORDS at a Conference, July 4. & 5. Anno 1643.  

Resolved upon the Question. (June 14. & 26.)  
1. THat the Great seal of England ought to attend the Parliament.  
2. That the absence of it hath been a cause of great mischief to the commonwealth.  
3. That a Remedy ought to be provided for these mischiefs.  
4. That the proper remedy is, by making a New Great seal.   

The mischiefs occasioned by conveying away the Great seal from the Parliament (represented to the Lords at a Conference July 5. 1643.) are these:  
1. IT was secretly and unlawfully carried away by the Lord Keeper, contrary to the duty of his place; who ought himself to have attended the Parliament, and not to have departed without leave; nor should have been suffered to convey away the Great seal, if his intentions had been discovered.  
2. It hath been since taken away from him, and put into the hands of other dangerous and ill affected persons; so as the Lord Keeper being sent unto by the Parliament for the sealing of some Writs, returned answer, That he could not seal the same, because he had not the seal in his keeping.  
3. Those who have had the managing thereof have employed it to the hurt and destruction of the kingdom sundry ways. By making new sheriffs in an unusual and unlawful manner, to be as so many Generals or Commanders of Forces raised against the Parliament. By issuing out illegal Commissions of Array, with other unlawful Commissions, for the same purpose. By sending forth Proclamations against both Houses of Parliament, and several Members thereof, proclaiming them Traitors, against the privileges of Parliament and laws of the Land. By sealing Commissions of Oyer and Terminer to proceed against them, and other of His majesty's good Subjects adhering to the Parliament, as Traitors. By sending Commissions into Ireland to treat a peace with the Rebels there, contrary to an Act of Parliament made this Session. Besides, divers other Dangerous and illegal acts have been passed under the Great seal, since it was secretly conveyed away from the Parliament, whereby great calamities and mischiefs have ensued, to the kingdoms prejudice.   

The mischiefs proceeding through want of the Great seal.  
1. THe terms have been adjourned; the course of justice obstructed.  
2. No original Writs can be sued forth without going to Oxford; which none who holds with the Parliament can do, without peril of his life or liberty.  
3. Proclamations in Parliament cannot issue out, for bringing in Delinquents impeached of High-Treason or other Crimes, under pain of forfeiting their estates, according to the ancient course.  
4. No Writs of Error can be brought in Parliament, to reverse erroneous judgements; nor Writs or Election sued out for choosing new Members, upon death or removal of any; whereby the number of the Members is much lessened, and the Houses in time like to be dissolved, if speedy supply be not had, contrary to the very Act for Continuance of this Parliament.  
5. Every other Court of Justice hath a peculiar seal; and the Parliament, the supremest Court of England, hath no other seal but the Great seal of England; which being kept away from it, hath now no seal at all; and therefore a new seal ought to be made.  
6. This seal is Clavis Regni; and therefore ought to be resident with the Parliament, (which is the representive body of the whole kingdom) whiles it continues sitting; the King, as well as the kingdom, being always legally present in it during its Session.  
FINIS.    

Errata: & Omissions.  
IN the Humble Remonstrance, p. 6. l. 2. 5, R. 2. c. 2, 3 10 E. 4. c. 3. omitted p. 21. l. 26. Sancitum, p. 25. l. 37. Acres, r. hides. p. 27. l. 21. And. p. 29. l. 9 Mariners. p. 31. l. 7. nec. In the Opening, &c. p. 5. l. 4. hoc, r. hanc.